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					contact
                                                                               HUMAN TRAFFICKING




                              A publication of the World Council of Churches


    184
                                     HUMAN
No.
May 2007




                                     TRAFFICKING
3   Understanding,
    Preventing and Assisting
    Trafficked Persons
    Stefanie Blicke

6   Global Trafficking
    in Women: A Haunting
    Cry in our Time
    Helene Hayes

9   Trafficking
    and Prostitution
    – the Challenge
    for the Churches
    Rev. Carrie Pemberton

12 Religion, Penitence
   and the Journey
   of Healing
   Rev. Carrie Pemberton

14 The Development
   of International Law
   on Human Trafficking
   Chris McDermott

18 Advocacy and Victim
   Protection
   Alessandra Aula

20 Behold a Woman
   Camilla Burns

23 Enca’s Story

24 Elizabeth’s Story

26 Psalm 69 from
   the perspective
   of a woman trafficked
   into forced prostitution
   Rev. Eva-Sibylle
   Vogel-Nfato

contact   No.184 - May 2007                                                                    1
HUMAN TRAFFICKING




                              INTRODUCTION
       Trafficking of persons includes the recruitment, transfer and sale of vulnerable people – women,
    children and men – through various forms of coercion or deception. They are kept in bondage by the
     traffickers, frequently under appaling conditions. While this may be done for the purpose of cheap
    labour, the articles which follow are devoted to the trade in persons for commercial sexual exploitation.



It  is difficult to be exact about the
    number of people trafficked
because it is a crime that is kept
                                         among people – including employers
                                         and potential customers – about
                                         the scale of this criminal activity.
                                                                                  Development of International Law
                                                                                  on Human Trafficking’. He outlines
                                                                                  the development of international
hidden. It is believed that more than                                             law on human trafficking since
1.5 million people are trafficked        American scholar, Helene Hayes,          the turn of the 20th century. He
each year. The industry is said          has taken up the mission of giving       says ‘the legal landscape was
to be worth $57 billion annually.        a voice to those who have been           carved slowly and conservatively,
Through it, human life is reduced        trafficked. In her article ‘Global       with immigration control and state
to a commodity. This constitutes         Trafficking in Women: A Haunting         sovereignty taking precedence
a tragedy of huge proportions for        Cry in our Time’ she tells of her        over victim assistance and
those who become trapped.                travels to Southeast Asia, Europe        protection.’
                                         and the United States where she
It is important not to confuse           interviewed women who have               We also have contributions from
trafficking with smuggling of            been trafficked. She summarises          two organisations that have taken
people, which refers to procuring        the questions she asked and the          practical steps to address the
or facilitating the illegal entry of     responses she received. She              problem of trafficking:
people into another State for            says ‘the sixty adoselcent girls
financial gain, usually using false      and women that I interviewed are         From Geneva,Alessandra Aula
documentation. Unlike people             among the world’s most silent,           of Franciscans International
who have been trafficked, those          dispossessed and nameless of             writes about ‘Advocacy and Victim
smuggled – once in the country           women.’                                  Protection’ and describes how
– will normally be left free to make                                              they have empowered people at
a new life as best they can.             Based in the UK, Rev. Carrie             grassroots level with relevant
                                         Pemberton is the founding director       information and have brought
The crime of trafficking in persons      of CHASTE – Churches Alert to            the issue before the diplomatic
presents a great challenge to            Sex Trafficking acr oss Europe.          community and UN agencies.
Christians everywhere. In the            She has contributed two pieces
articles which follow, different         for this edition of Contact. The         Camilla Burns in her reflection
aspects of this challenge are            first on ‘Trafficking and Prostitution   on Lk. 13:10-17, entitled ‘Behold
examined. Two case studies – one         – the Challenge for the Churches’        a Woman’, sets the problem of
from Eastern Europe and the other        raises the problem of ‘the muddied       trafficking in the context of the
from West Africa – give a glimpse        background of gender justice in          message and practice of Jesus
of the experience of a person            the theological memory and still         Christ. As the churches face the
caught up in this crime. A list of       in many contexts, the current            challenge of trafficking in persons
resource material and websites           practice of church.’ In her second       in the world of our time, the words
with further information is included     piece, ‘Religion, Penitence and          of Jesus ‘woman, you are set free’
at the end.                              the Journey of Healing’, she says        (Lk. 13:12) are our headline.
                                         religion can play an important role
In her piece, ‘Understanding,            on the long road to recovery which       We conclude with a reflection on
Preventing and Assisting Trafficked      each survivor undertakes.’               Psalm 69 from the perspective
Persons’, Stefanie Blicke from                                                    of a women trafficked into forced
Germany says one of the main             An Irish contributor, Chris              prostitution by Rev. Eva-Sibylle
aims of those who are concerned          McDermott is a doctoral candidate        Vogel-Mfato of the Lutheran World
should be raising awareness              at NUI Galway. He writes on ‘The         Federation.

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                                                                                        HUMAN TRAFFICKING


          VICTIMS OF HUMAN TRAFFICKING
                  Understanding, Preventing and Assisting
T    his Prayer for an End to Trafficking
     expresses well how urgent and how
difficult it is to deal with the phenomenon
                                                              God, our words cannot express
                                                          what our minds can barely comprehend
of human trafficking.                                                and our hearts feel
                                                       when we hear of women and girls deceived
We cannot, of course, fully comprehend
                                                            and transported to unknown places
and express what victims of human
trafficking experience if even they                   for purposes of sexual exploitation and abuse
themselves can hardly talk about it.                        because of human greed and profit
International Organisation for Migration                          at this time in our world.
(IOM) noted that many victims are found               Our hearts are saddened and our spirits angry
in “a state of physical exhaustion,                        that their dignity and rights are being
confusion, disorientation and fear. …                          transgressed through threats
(They) also display a tendency to ‘lose                            deception and force.1
memory’ of the painful moments of the
trafficking experience, and also have
an altered or distorted sense of the          coercion. We also hear
time when the events took place. Any          stories of trafficking    Contact No. 184
recollection of these painful moments is      experienced – for         May 2007
usually followed by intensely distressing     example – by young        A publication of the World Council
emotions.2” Furthermore, experiences,         men in Brazil who         of Churches
methods, strategies and purposes              decide to work in a       120 Route de Ferney
of trafficking differ so widely that it       mine. They sign a         CH 1211 Geneva
is hard to describe the phenomenon            contract which has        tel: +41 22 791 6323/6324
comprehensively. The UN-definition            no meaning, and are       fax: +41 22 791 6201
given in the document commonly known          then forced to work
                                              in this mine for 16       Editor: Manoj Kurian
as the Palermo Protocol (2000) is the
one which is mostly used.3                    hours a day under         Guest Editor: Isabelle Smyth
                                              worst conditions and
When “dignity and rights are being            are locked in a hostel    Layout and design: Grzegorz Podlaski
transgressed through threats, deception       for the rest of the day   Illustrations: Thomas Sandnaes
and force” then trafficking means a           without ever really
serious offence against a wide range          earning any money.        Website: http://wcc-coe.org/wcc/news/
of human rights, thus calling its outcome     Human trafficking also    contact.html
a modern form of slavery does not             occurs when poverty-      For submission of articles, news:
exaggerate reality.4 Prostitution is only     stricken parents are      CFH@contactforhealth.org
one form of exploitation next to several      persuaded to sell
other forms of trafficking in human           their children. These     The views expressed in the articles
beings. This modern version of slavery        are then taken away       are those of the authors and do
constitutes a danger not only to “women       to places where they      not necessarily reflect those of the
and girls” but to all people.                 have to work hard or      organisation.
                                              to beg.
Human trafficking occurs when a                                         This issue of Contact has
woman agrees to a false job offer in          In all these processes    been made possible due to the
another place – often outside her home        profit and greed are      collaboration of the Working Group
country. She is then transported to this      found on the one          Against Human Trafficking under
place, her passport is confiscated,           side. On the other        the umbrella of the Conference
she is coerced into working as a              side there is poverty,    of Religious of Ireland and the
prostitute and held in this place through     despair, unbearable       Irish Missionary Union.
violence, debt bondage or other forms of      inequality and the

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HUMAN TRAFFICKING
                    hope of a better life and the possibility   n assistance to enable their rights
                    of supporting the family at home.             and interests to be presented and
                                                                  considered at appropriate stages
                    How to prevent and assist
                                                                  of criminal proceedings against
                    Prevention and assistance are two
                                                                  offenders;
                    crucial ways of tackling the problem.
                    As long as there is demand for cheap
                                                                n access to education for children.7
                    labour there will be supply. One of
                    the main aims therefore should be           However, this Convention is binding
                    sensitization, to raise awareness among     only when it has been signed and also
                    people, among employers, potential          ratified by at least 10 states of which at
                    clients of forced labour and among          least 8 must be members of the Council
                    potential customers of prostitution.        of Europe.
                    The Palermo Protocol5 Part III, article
                    9f, explicitly highlights the importance    Health Aspects
                    of prevention. The article includes         When discussing these standards,
                    measures such as research, information      it is important to keep in mind the
                    and mass media campaigns,                   extremely hard situations victims of
                    cooperation with non-governmental           human trafficking find themselves. The
                    organizations, other relevant               US Government Report on Human
                    organizations, alleviation of factors       Trafficking 2006 looks at the health
                    that make persons, especially women         effects on victims of sex-trafficking,
                    and children, vulnerable to trafficking,    which cover a wide range:
                    such as poverty, underdevelopment
                                                                “Reviewing regional studies offers
                    and lack of equal opportunity, improving
                                                                a sense of how physically and
                    legislation, information exchange,
                                                                psychologically traumatizing sex
                    training for all actors concerned with
                                                                trafficking is. For example, a study
                    anti-trafficking, border measures and
                                                                of women and girls trafficked for
                    security and control of documents.
                                                                prostitution in East Africa reported
                    One of the latest and most relevant         widespread rape, physical abuse,
                    European legal documents, the Council       sexually transmitted infections (STIs),
                    of Europe Convention on Action against      and HIV/AIDS. An assessment in Nepal
                    Trafficking in Human Beings of 20066,       of trafficking in girls found that 38% of
                    focuses on the protection of the victims,   rescued victims suffered from HIV/
                    their human rights and adequate             AIDS, as well as STIs and tuberculosis
                    assistance. It sets minimum standards       (TB). In a study of women trafficked to
                    of assistance in the victims’ physical,     the European Union, health impacts
                    psychological and social recovery. Such     included extreme violence that resulted
                    assistance shall include at least:          in broken bones, loss of consciousness,
                    n standards of living capable of            and gang rape. Complications related
                      ensuring their subsistence, through       to abortions, gastrointestinal problems,
                      such measures as: appropriate and         unhealthy weight loss, lice, suicidal
                      secure accommodation, psycholo-           depression, alcoholism, and drug
                      gical and material assistance;            addiction were also reported. Another
                                                                study of women trafficked to the
                    n access to emergency medical               European Union found that 95% of
                      treatment;                                victims had been violently assaulted or
                    n translation and interpretation            coerced into a sexual act, and over 60%
                      services, when appropriate;               of victims reported fatigue, neurological
                                                                symptoms, gastrointestinal problems,
                    n counseling and information, in
                                                                back pain, vaginal discharges, and
                      particular as regards their legal
                                                                gynecological infections.”8
                      rights and the services available to
                      them, in a language that they can         Accordingly, these health effects can be
                      understand;                               categorized into 6 groups:

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                                                                                                                               HUMAN TRAFFICKING
n Infectious diseases: HIV, STIs, and         international cooperation of all actors
  TB                                          concerned as well as in the prosecution
                                              of the traffickers. All of the above is highly
n Non-infectious diseases: mal-
                                              important to ensure reintegration and
  nutrition, dental health problems,
                                              to prevent more trafficking or even re-
  and skin diseases
                                              trafficking of the victim.
n Reproductive health problems:
                                              In order to improve this cooperation
  forced abortions, high-risk
                                              several growing networks have been
  pregnancies and deliveries
                                              f o u n d e d . C O A T N E T 9, a n e t w o r k
n Substance abuse: alcohol,                   of Christian Organisations Against
  inhalants, intravenous drugs                Trafficking is one among them. Several
                                              organisations – mostly Eastern European
n Mental health problems: depression;
                                              – work together under the La Strada10
  Post Traumatic Stress Disorder;
                                              umbrella. A global network is the Global
  suicide
                                              Alliance Against Trafficking in Women11
n Violence: physical and sexual               (GAATW); and there are many more who
  assaults; murder                            already have gained much knowledge
                                              and experience and can be contacted for
The focus of this report as well as of
                                              assistance by not so much experienced
many other reports has been on sex
                                              actors. There are also international
trafficking whereas other forms of
                                              organisations who dedicate great part of
trafficking have not been taken into
                                              their work to combating human trafficking,
account as much, so that effects of
                                              such as Antislavery International12, the
those forms on the victims’ health are
                                              International Organisation for Migration13
not clear.
                                              (IOM), Caritas14 and many others. They all
                                              work hard not only to keep this sad topic
In the discourse
                                              high on the political agendas but – as
Despite being narrowly focussed on
                                              urgently – to prevent this phenomenon
sex trafficking this report shows how
                                              of modern slavery and to assist all those
comprehensive assistance to victims
                                              victims of human trafficking whose “dignity
of human trafficking must be. Legal
                                              and rights are being transgressed through
protection, adequate shelter and
                                              threats, deception and force.”
social reintegration are important.
When it comes to the victim’s rights
and legal status, opinions of different       Stefanie Blicke, is studying for her
governmental and non-governmental             Master’s in Social Sciences, for which
actors frequently clash. The minimum          she is focussing on several aspects of
time to be given as a reflection period       migration and the phenomenon of human
for the victim to recover and consider        trafficking.
taking legal steps against the trafficker
or giving testimony in court is 30 days,
according to the Council Convention.
                                               References:
This is regarded by most organisations         1 52 School Sisters of Notre Dame (SSND), quoted in the booklet of the Morning Prayer of the Churches Against
                                                  Trafficking in Utrecht, 30 May 2006, p. 3.
as far too little and should instead be        2 International Organization for Migration (IOM): Special Issue: Trafficking in Human Beings and Public Health. Migration
                                                  and Health Newsletter, March 2003.
at least 3 months, bearing in mind             3 “’Trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means
that a person who has been trafficked             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
has experienced severe trauma.                    control over another person, for the purpose of exploitation.” http://www.ohchr.org/english/law/pdf/protocoltraffic.pdf
                                                  31/08/2006.
Furthermore, NGOs demand the right             4 One of the most active international NGO’s is Antislavery International, based in UK http://www.antislavery.org/
                                                  31/08/2006.
to long-term residence status if the           5 http://www.ohchr.org/english/law/pdf/protocoltraffic.pdf 31/08/2006.
                                               6 Council of Europe Convention on Action Against Trafficking in Human Beings http://www.coe.int/T/E/human_rights/
trafficked person does not wish to                trafficking/ 31/08/2006.
                                               7 Article 12 of the Council of Europe Convention on Action Against Trafficking in Human Beings.
return to his/her country of origin. If the    9 www:coatnet.org 31/08/2006.
victim chooses to return to the home           10 http:/www.lastradainternational.org/ 31/08/2006.
                                               11 http://www.gaatw.net/ 31/08/2006.
country, help will be required regarding       12 http://www.antislavery.org/ 31/08/2006.
                                               13 http://www.iom.int/jahia/jsp/index.jsp 31/08/2006.
the organisation of documents; family          14 For Caritas Internationalis: http://www.caritas.org/ 31/08/2006.
                                                  Caritas Europa: http://www.caritas-europa.org/ 31/08/2006.
reunification and risk assessment

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HUMAN TRAFFICKING




       GLOBAL TRAFFICKING IN WOMEN:
                A Haunting Human Cry in Our Time
The specific mission of my Congregation, the Sisters of the Good Shepherd, comes right out of the
New Testament story of the Good Shepherd who leaves the ninety-nine well-tended sheep to go in
search of the “lost one”. Over our one hundred and sixty seven year-history and in each of the sixty
seven countries where we are located, we have tried to discern ever anew in each era and culture,
     who the “lost ones” are; the poor, the marginalized, the ostracized, those wounded by life and
                                                                        excluded from full participation.
         This mission places the individual who is at risk or in any way excluded at the heart of our
                 ministries. Not surprisingly, the issue of human trafficking emerged as a top priority.



                          My       own involvement in the human
                                   trafficking issue has led me to
                          design and carry out a research project
                                                                       I used two research instruments; an in-
                                                                       depth structured interview of trafficked
                                                                       women and a structured interview of
                          on behalf of my religious community that     key informants and service providers
                          took me to Sri Lanka, Thailand, South        working with the women. I asked both
                          Korea, the Philippines, Belgium, Paris,      groups similar questions on the four
                          Milan, Palermo and the United States         sets of variables being studied but
                          to interview women who have been             also asked service providers several
                          trafficked. While human trafficking also     questions about ‘best practices’ in
                          includes labor trafficking of men, women     terms of treatment, how the trauma
                          and children, domestic servitude and         that the women have been through
                          child sexual trafficking, trafficking of     manifests itself in counseling, and legal
                          women into the sex industry remains          and policy relevant issues specific to
                          the most common and lucrative form of        their countries. Key informants that I
                          human exploitation.                          interviewed included administrators
                                                                       from development, policy and women’s
                          My choice of specific locations in           advocacy programs, the International
                          Southeast Asia, Europe and the United        Organization for Migration, Caritas Sri
                          States was based on the fact that Good       Lanka, Caritas Ambrosia and specific
                          Shepherd Sisters are already involved        social service workers.
                          on the ground and have relationships
                          with women who have been trafficked          The sixty adolescent girls and women
                          in each of these locations either in our     that I interviewed in Southeast
                          own Good Shepherd programs or other          Asia, Europe and the United States
                          programs serving trafficked women.           are among the world’s most silent,
                          This process facilitated my access           dispossessed and nameless of women.
                          to trafficked women and reduced the          Although they were interviewed in
                          possibility that the interviews would re-    recovery programs in eight different
                          traumatize the women. The variables          countries they came from eighteen
                          studied were the women’s “social and         countries of birth: Albania, Belarus,
                          emotional adjustment”, “life before          Central African Republic, China, Czech
                          trafficking”, “the experience of being       Republic, Ivory Coast, Laos, Lithuania,
                          trafficked”, and “life after trafficking”.   Mexico, Moldavia, Morocco, Nigeria,


6                                                                                        contact   No.184 - May 2007
                                                                                      HUMAN TRAFFICKING
the Philippines, Romania, Russia,          What was your greatest fear during
Sierra Leon, Sri Lanka and Thailand.       the time you were trafficked?
Although I have not yet fully analyzed     n “If I don’t get away, one day he will
the data, I can open a window into the       kill me.”
world of trafficked women by sharing
                                           n “Getting AIDS or getting killed by
some of the women’s direct quotes in
                                             street boys.”
response to two questions: “What was
the hardest part of your experience of     n   “That I would lose my mind.”
being trafficked?” And, “What was your
greatest fear during that time?”           n “If I run away, they have my address
                                             in Romania.”
What was the hardest part of your
experience of being trafficked?            n “One of the girls jumped from a
                                             building and died, and I envied
n “Being treated violently, drugged,         her.”
  beaten, making you do something
  you do not want to do.”                  n “On the road you go into the cars.
                                             You don’t know – maybe they will
n “The trafficker had a commanding           kill you. You want to die. I die, so
  voice, he screamed, threatened with        what?”
  a knife, created fear.”
                                           n “Clients treat us so bad because
n “He treated me like a dog, a slave,        they have in mind that they have
  he had no feeling for me.”                 paid.”
n “Working all alone on the road in the
                                           n “I experienced terrible things,
  dark night.”
                                             violence, horror, the death of my
n “This was my life, what right did they     friends at the hands of men in
  have to take it?”                          France.”
n “Being obliged to have forced            n “That she (the Mama San) will kill
  sex, you are nothing. You are              me with poison or Voo Doo or in
  merchandise. There is only silence         some way.”
  and tears.”
                                           n “I was afraid most of sadistic
n “I complied because I did not want         clients.”
  to die.”
                                           n “Always feeling fearful in the night,
n “Going with the clients. It is not         afraid of being beaten or raped.”
  normal.”
                                           n “That all my dreams would die.”
n “I am very bitter, no girl goes into
  this on her own. A hatred grew           Lastly, I’ll share some of the responses
  within me.”                              of the key informants to questions
                                           regarding the most damaging aspect
n “I kept saying to myself, I’m not
                                           of being trafficked and how the trauma
  supposed to be here. How did I
                                           manifests itself in counseling:
  come to this?”
n “I had a memory of family, my mother     What is the most damaging
  knew when I had a headache. She          aspect of the experience of being
  gave me a pill and cared for me. No      trafficked?
  one knew me. I was totally alone.”       n “Psychologically and physically
n “I feel when I am doing this work that     they are women without an identity
  I am killing myself.”                      in terms of papers and passports
                                             and also their internal identity has
n “I am never able to forget what            been stolen.”
  happened to me. Only God could
  clear it from my mind.”                  n “The person has been destroyed in

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HUMAN TRAFFICKING
                    herself, she is not able to choose, her       repeating the same patterns.”
                    life does not belong to her.”
                                                               n “Victims are often not able to have
                n “Most damaging is not to be a human            affective relationships and their
                  being anymore, only a thing, a piece of        mental health is fragile.”
                  merchandise.”
                                                               n “They have great difficulty in trusting,
                n “Isolation, no freedom, sexual and             at first great dependency but find it
                  physical violence.”                            extremely hard to open up and talk,
                                                                 no confidence, no self esteem. They
                n “The whole personality is broken. You
                                                                 fear that things will never get better
                  could say their dignity is gone. There is
                                                                 for them.”
                  a scar on their self worth.”
                                                               n “The effect of trafficking is soul
                n “Psychologically, they lack confidence,
                                                                 damage, a forced expulsion from
                  they never speak of specific violence.
                                                                 their own bodies. They kill all their
                  They are ashamed of what they have
                                                                 feelings so that those feelings do not
                  been through.”
                                                                 kill them. Healing is a process of re-
                n “The most intimate part of the                 entering their own bodies and letting
                  personality has been destroyed. The            their souls re-enter too.”
                  best part of their life is gone.”
                                                               The last question asked the women
                n “It is a situation of total violence and     who had been trafficked what was
                  humiliation on the part of the clients and   their experience of the interview. Many
                  those who control the women.”                said that it was very difficult to go back
                                                               there in memory but if it could help one
                How does the trauma that the women             girl not to experience what they had
                have been through manifest itself in           been through, it was worth it. The goal
                counseling?                                    of this research is to publish a book that
                                                               places the voices of these women at
                n “They are closed in on the self, silent
                                                               its center. Carefully rendered research
                  and depressed, no rapport and quite
                                                               can make it difficult for governments
                  suspicious.”
                                                               and individuals to avoid facing this
                n “Broken, destroyed people, physically        harrowing global crime. Seeing
                  and psychologically. Going down to           trafficked women as full human beings
                  the very depths and trying to come           can be the first step towards a needed
                  back up.”                                    shift in consciousness and conscience.
                                                               What is at stake in the issue of human
                n “They have lived through a trauma,           trafficking in a very stark way is our
                  similar to incest or being raped. It         core Christian belief that every human
                  depends on their capacity to face it all.    person is of infinite worth and dignity,
                  For some, getting help is like a whole       not a commodity to be bought and sold
                  new project. For some, the birth of a        for profit. Martin Luther King Jr. reminds
                  child, the love of someone, all give a       us that “our lives begin to end the day
                  lift. And their rage helps them.”            we become silent about the things
                                                               that matter.” The issue of trafficking in
                n “Crying, breaking down, terrible
                                                               persons is a stark, haunting, human cry
                  nightmares, screams in the night,
                                                               in our time that matters deeply and must
                  frightened all the time, want to change
                                                               be answered.
                  the whole of their appearance.”

                n “Mental breakdown for younger girls,
                  ages 16 and 17. Traces of the trauma         Helene Hayes PhD, a member of
                  are always there.”                           the Good Shepherd Sisters, NY, has
                                                               traveled extensively to research a book
                n “They feel used, betrayed, and emptied.      to give voice to women and girls who
                  They fail in relationships and keep on       have been trafficked.


8                                                                                contact   No.184 - May 2007
                                                                                           HUMAN TRAFFICKING


          TRAFFICKING AND PROSTITUTION
                              – the Challenge for the Churches
 One of the challenges for a church based organisation working in the arena of human trafficking, is
the muddied background of gender justice in the theological memory and still in many contexts, the
  current practice of church. Women in the theological texts which underpin Christian organisations
   have been seen as whores, as temptresses, as unnamed women who have been raped, beaten,
      have bled and been sources of pollution. For many denominations women are still not able to
   represent the founder of the religious tradition as liturgical leaders or Priests. This is certainly the
     case in the two oldest denominations, the Roman Catholic and the Orthodox churches, whose
churches are present in number, and in cultural and political prominence in many of the countries in
                                   which trafficking occurs, both as countries of demand and source.


T    his challenge has forced powerful
     conversations to take place both
inside the tradition of the churches
                                             religious matter to be settled by men.
                                             It is a matter which will either impede
                                             or enhance the delivery of justice to
and in the corridors of contemporary         women who suffer daily violence at the
ecclesial power. These conversations         hands of men and of the societies they
have had their own tributaries of impact     live in, by those who insist that the world
in the organisations in which they           has meaning beyond commerce, and
have taken place. Unfortunately the          beyond the splitting of the atom.
presence and potential transformation
                                             Yet the question needs to be
of these conversations into the wider
                                             raised as to how much one can use
public space has not been achieved.
                                             organisations and tools which have
Secular organisations and the wider
                                             been the place of undoubted gender
public by and large, meet a church
                                             oppression within their histories and
in the West which is absorbed with
                                             practice, notwithstanding sites of some
falling congregational numbers and an
                                             extraordinarily liberating motifs and
internecine struggle around sexuality,
                                             praxis. It is a powerful and justifiable
principally male, and the primacy of
                                             question which must be received and
heterosexual expression. This is very
                                             worked with. However, at the same
depressing for those of us working
                                             time, there is huge potential in working
in the arena of countering violence
                                             with organisations which have millions
against women. What is clear to women
                                             of members across the world, many of
working in this field is that the level
                                             whom are appalled at the phenomenon
and extent of violence against women,
                                             of trafficking for sexual exploitation.
practiced within congregations and
                                             They are prepared to put their energies
the communities which they serve, is
                                             and resources into working with others
completely unacceptable, and requires
                                             to block its extension, to deal with the
the full weight of the moral opprobium
                                             damage it causes in the wrecking of
of the churches and their energy behind
                                             human lives and dignity, and to work
practical steps for transformation. This
                                             towards cultural change.
is extremely hard to achieve whilst the
leadership of the churches at executive      In 1999 the Conference of European
level is almost ubiquitously male. It is a   Churches (CEC) released a statement
state of affairs which urgently requires     on Trafficking from Driebergen in
attention. Equality of representation        the Netherlands. In this statement,
at every tier in the structures of faith     which gathered the work of a week-
communities is not simply an internal        long consultation of participants from


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HUMAN TRAFFICKING
                    27 countries across Europe, CEC stated        impetus in times of political and social
                    that:                                         change. It is an abuse of bodies, minds
                                                                  and spirits which are the temple of the
                    Churches are a part of the problem.           Holy Spirit and the dwelling place of the
                    Most find it impossible to acknowledge        incarnate Christ. …The implications
                    the existence of sexual abuse in their        challenge our vision of the church
                    own communities and homes, and yet            itself: the household of God in which
                    hidden among their members, protected         all have a place and all are honoured.1
                    by the culture of silence, they include       (Churches 1999)
                    perpetrators as well as victims of
                    trafficking. It is not only from the issues   This is an area which CHASTE
                    of sexual abuse that they shrink. Most        seeks to address through theological
                    have difficulties with sexuality generally.   engagement with sister churches
                    In a continent whose cultures were            in the UK and through interaction
                    shaped within Christian traditions and        with other NGOs working with these
                    theologies, among churches whose              churches in countries outside of the
                    structures, liturgies and assumptions         UK. This sort of change is, however,
                    affirm unequal power relations                necessarily slow and can often deplete
                    between women and men, we find                our spirits. Nevertheless, every once in
                    ourselves questioning whether the             a while there is a breakthrough, with
                    God we worship is really the passionate,      either a new initiative emerging from
                    creative God who “created humankind           a church at regional or national level,
                    in God’s image: in the image of God,          or through a small group of priests and
                    God created them male and female God          religious leaders catching a vision of
                    created them.                                 what following Christ might mean in
                                                                  this area, where Christian discipleship
                    We believe that churches have the             means accompanying women whose
                    obligation to provide a counter-cultural      lives are being menaced by the scourge
                                                                  of grooming, prostitution and trafficking.
                                                                  CEC has financed a European-wide
                                                                  web information sharing network
                                                                  called COATNET which encourages
                                                                  the sharing of good practice, information
                                                                  and difficulties through the portals of
                                                                  the web and now developing inter-
                                                                  continental partnerships.2
                                                                  One of the challenges still to be
                                                                  properly addressed, due mainly to the
                                                                  substantial tasks currently in hand in
                                                                  bringing the Christian denominations to
                                                                  the table of co-operation and joined-up
                                                                  action, is that of empowering other faith
                                                                  communities to engage, in particular
                                                                  those of Islam and Hinduism. There
                                                                  has been an expression of interest
                                                                  by some Muslim women’s groups to
                                                                  start the conversation around the use
                                                                  of prostitutes and the risk of trafficking
                                                                  within their communities. However,
                                                                  this is a deeply problematic area.
                                                                  Although the teaching of the Koran
                                                                  clearly proscribes the use of prostitutes
                                                                  and the abuse of the human person
                                                                  within prostitution, like their Christian
                                                                  and post-Christian male neighbours,

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                                                                                                                    HUMAN TRAFFICKING
Muslim males are to be found amongst        with the responsibility which a country of
the client base of sex parlours and         demand must carry. That is the presence
massage parlours, and also amongst          and hunger of the market for women and
the ranks of those who traffic women for    children’s bodies accessed for cash, often
sexual exploitation. The mobilisation of    as low as 25 pounds for half an hour’s
the mosques and the temples against         activity. The cost on those subjected to this
this scandalous and abusive crime           form of commodification is high. The report
is amongst the longer term goals of         by Cathy Zimmermann commissioned
CHASTE working within the UK. It is         by the European Union in 20033 with a
important to emphasise, however, that       follow up report in 20064, noted extensive
we would want to replicate the CHASTE       physical effects of enforced prostitution
model of mobilisation within the faith      which includes vaginal, oral, or anal rape,
tradition, rather than by any imperial      unwanted pregnancies, forced abortion
management of the faith communities         and misuse of oral contraceptives. Some
from without. A discourse needs to          of the medical outcomes of the hard labour
emerge based on the created dignity of      of engaging up to 16 clients a day include
women and men before God and before         physical fatigue, poor nutrition, nerve,
one another across the communities          muscle or bone damage, dental problems,
rather than competition between deities     lacerations, head trauma, damage to the
and their devotees.                         vaginal tract, irritable bowel syndrome,
                                            stress related syndromes, urinary tract
This attention to the dignity of men and    infections, cystitis, cervical cancer and
women would drive forward a powerful        infertility. The mental health, psychological
engagement with the real drivers of         abuse and social well-being issues to be
trafficking for sexual exploitation and     addressed, alongside the risks associated
what is required to overhaul the horrors    with marginalisation and lack of economic
which emerge in its practice. These         support add a further depressing wash to
include the long term challenges of         the account.
poverty both in its absolute and relative
senses, dispossession, vulnerability        Rather than showing a world of choice
to deception due to gendered                and liberation through prostituted sex,
disempowerment, poor networks               these statistics of violence and violation,
of information and the opportunity          show a world ripe for conversion through
vector, which drives people to look for     a gospel which fervently advocates the
opportunities away from the location        transformation of the way in which we
of their particular spheres of safety.      view each other’s equality and dignity, both
Some of the drivers for movement            interpersonally and internationally.
are unlikely to be switched off in
the near future. People uprooted by
intra and international conflicts have      Rev. Carrie Pemberton is an Anglican
never been so wide-ranging. The             Priest and a Women’s National
speed of information impacts upon           Commissioner. She is founding director
their plight. The sophistication of         of CHASTE – Churches Alert to Sex
international transportation routes is      Trafficking across Europe, and Author
another important factor – whether          of Circle Thinking African Women
these include modified sea containers,      Theologians in dialogue with the West
small motorised dinghies, short             Brill (2002).
distance budget flights, long haul road
transportation, rail journeys or the more    References:
                                             1 International Consultation on Trafficking in Women in Europe,
ancient mode of camel train. And here          Driebergen, Netherlands, Churches, C. o. E. (1999).
we are only relaying some of the broad       2 Cf. www.coatnet.com
                                             3 The Health risks and Consequences of Trafficking in women and
factors affecting the countries of source      Adolescents: Findings from a European Study, Zimmermann, C.,
                                               2003, London School of Hygiene and Tropical Medicine.
and supply.                                  4 Stolen Smiles: a summary report on the physical and psychological
                                               health consequences of women and adolescents trafficked in Europe,
                                               Cathy Zimmermann; Mazeda Hossain, K. Y., Brenda Roche, Linda
In terms of the countries of demand there      Morison and Charlotte Watts, London School of Tropical Hygiene
                                               and Medicine, 2006.
needs to be a serious engagement

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HUMAN TRAFFICKING




     HUMAN TRAFFICKING AND RELIGION
      Religion can play an important role in the long road to recovery which each survivor of human
      trafficking undertakes. Guilt and shame are powerful inhibitors, and very rarely surfaced in the
professional discourse around secular recovery programmes but nevertheless need to be dealt with
    as rapidly as possible. As much of the language of shame and guilt is developed within religious
   constructs, it is important to mobilise all the forces available to demonstrate clearly to the woman
                  that she was neither responsible nor in any way to blame for what happened to her.




                          S    ometimes a woman has been
                               seriously deceived but blames
                          herself for her naivety. This leaves her
                                                                      seriousness of abrogation of protection.
                                                                      Here is the place of penitence which
                                                                      all those responsible for the severe
                          feeling responsible for the series of       discrepancies in life opportunities
                          events which subsequently befell her.       between countries of supply and demand
                          It has been significant for CHASTE          need to approach with humility. Here is
                          in our trust building and relationship      the place where all those involved in
                          building with clients to demonstrate that   the hugely profitable business of this
                          the religious body of which the client      contemporary trade in flesh need to
                          is a part does not condemn or blame         fall down on their faces and recognise
                          her in any way, and also that the divine    the enormity of their crime. Here is
                          energy which she so desires to placate      the place where those who rape, use,
                          is already in action to bring the healing   ignore, ejaculate and use up the lives of
                          and repositioning which she desires.        women in the sex markets of the world
                          For some this may be enhanced               need to expend themselves panting
                          through the action of the confessional,     for mercy. Because the crime of sex
                          for others through prayers, for others      trafficking is not simply about the illicit
                          by the exchange of religious artefacts      trade in flesh worth an estimated $12
                          and symbols, and yet for others what        billion per annum with secondary spin
                          is significant can be simply the quiet      offs worth upwards of $45 billion by
                          acceptance and accompanying of a            recent estimates.
                          religious leader.
                                                                      The offence of sex trafficking is primarily
                          But in this deeply personal and             an offence against the image of God
                          challenging journey of healing, in          expressed in the faces, bodies and
                          which we participate every time a           relationships of hundreds of thousands
                          survivor of sex trafficking undertakes      of women, children and men across our
                          the sacred journey of restoration, we       world today. It is to refuse the sister in
                          have to remember that the voice of          the woman who is deceived into this
                          Christ addresses those responsible          world of sexual abuse, the mother
                          for the marginalisation, rejection or       in the one sold on from trafficker to
                          damaging of people in these ways.           trafficker, pimp to pimp, the daughter
                          There is in Christ’s praxis a robust        in the beautiful woman who is beaten
                          challenge to the leaders of the society,    into submission and raped several times
                          whether in the religious, economic or       each day in each act of non-consensual
                          political spheres. Whited sepulchres,       sex. It is to refuse the theological
                          den of thieves, blind leaders of the        meaning of what sex expresses beyond
                          blind, brood of vipers, strong terms        the reductionism of reproduction, that of
                          of disapproval and reminders of the         profound consensual joy in the giving

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                                              HUMAN TRAFFICKING
and receiving of each other’s body
for warmth, comfort, transcendence
and joy. And wherever that denial,
and the denial of the voices of those
who currently are, or have been in the
process of becoming victims of this
global trade we must raise our cry of
lamentation and resistance.
Cultures which accept the inevitability
of prostitution are deeply implicated
in the crimes of trafficking particularly
in the expansion of the markets into
which traffickers can penetrate. It is time
for the churches to turn their attention
seriously to the many interventions
which are required to turn the tide
on trafficking, in countries of source,
demand, transit and recovery, and to
explore their own practices in terms
of the dignity, equality and inviolability
of each human being they welcome
into their worlds, at organisational,
pastoral and ecclesiological levels.
The conversation could lead to some
dramatic changes in ecclesial practice
and attitudes. Traffickers and those
who buy women and children for
sexual pleasure require words of
judgement, and those sold need the
words of liberation, but most of all the
world needs a new culture of respect,
mutuality and equality, of which the
church is called to be a harbinger.
The time for tough conversations has
started, but resources are to hand and
the urgency and levels of current abuse
make delay inconceivable. CHASTE in
the UK is calling on all churches to
create a day in their liturgical calendars
to engage the issues of sexuality,
power, abuse, violence against women
in prostitution and trafficking. The
WCC is invited to bring the weight of
their constituency behind such a call;
powerfully uniting the constituencies of
source, transit and demand countries
in their response. By responding at
all levels, theologically, politically,
economically and socially, churches
can make a powerful difference. The
power for transformation is not lost in
our time, merely resting.


Rev. Carrie Pemberton

contact   No.184 - May 2007                                  13
HUMAN TRAFFICKING




           THE DEVELOPMENT
       OF INTERNATIONAL LAW ON
          HUMAN TRAFFICKING
                    Introduction                                The ‘International Convention for the
                    Trafficking in persons first appeared       Suppression of White Slave Traffic9’
                    on the international agenda at the          1910 supplemented the earlier
                    beginning of the last century. There has    agreement. Article one provided
                    since been a proliferation of treaties,     that “Whoever, in order to gratify
                    conventions, protocols and declarations     the passions of another person, has
                    aimed at combating the practice. The        procured, enticed, or led away, even
                    purpose of this paper is to outline the     with her consent, a woman or girl
                    development of international law on         under age, for immoral purposes,
                    human trafficking since the turn of the     shall be punished, …”. This provided
                    20th century. Due to space constraints,     a high level of protection to underage
                    I am precluded from discussing national     girls and removed the possibility of the
                    or regional responses to trafficking and    defendant invoking the consent of the
                    will instead focus on international legal   victim as a defence. Article two aimed
                    instruments that invite the ratification    to protect women that had reached the
                    of all the states of the world. It will     age of majority – “Whoever, in order to
                    be seen that the legal landscape was        gratify the passions of another person,
                    carved slowly and conservatively,           has, by fraud, or by means of violence,
                    with immigration control and state          threats, abuse of authority, or any
                    sovereignty taking precedence over          other method of compulsion, procured,
                    victim assistance and protection.           enticed, or led away a woman or girl
                                                                over age, for immoral purposes, shall
                    Historical Perspective                      also be punished, …”.
                    The first international treaty to address
                    human trafficking was ‘The International    Notwithstanding these welcome
                    Agreement for the Suppression of the        additions, the failing of the Convention
                    White Slave Traffic’,1 adopted in 1904.     was that it proscribed only the act
                    Its objective was to “halt the sale of      of trafficking and considered the
                    women into prostitution in Europe”2. The    subsequent exploitation to be within the
                    first notable point is that the agreement   purview of the domestic jurisdiction of
                    applied exclusively to white women.         States10. Furthermore, both agreements
                    In any case, while its aspiration was       discriminated against non-white women
                    deserving of accolade, the provisions       and against boys by excluding them
                    of the agreement were so weak as to         from their scope. The League of
                    leave it ineffective3. Under its terms,     Nations remedied this discrimination
                    States were merely obligated to collect     by adopting two treaties on trafficking,
                    data on the procurement of women            the first of which was the International
                    from abroad4, exchange information5,        Convention for the Suppression of the
                    identify victims6 and regulate              Traffic in Women and Children 1921.11
                    employment agencies7. Essentially, it
                    was concerned only with recruitment         This treaty was more comprehensive
                    and not exploitation.8                      and provided protection to non-white

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                                                                                                      HUMAN TRAFFICKING
women and all children12. It sought to                exploitation. Furthermore, its preamble
address trafficking by: (1) prosecuting13,            implicitly acknowledges that trafficking
punishing 14 or extraditing persons 15                is a human rights violation: “…prostitution
who trafficked women and children; (2)                and the accompanying evil of traffic in
licensing and supervising employment                  persons for the purpose of prostitution
a g e n c i e s 16; a n d ( 3 ) p r o t e c t i n g   are incompatible with the dignity
immigration and emigrating women                      and worth of the human person and
and children17. The exclusion of racial               endanger the welfare of the individual,
terms was a progressive step towards                  the family and the community”24.
equality, and all women were entitled to
equal protection under international law.             United Nations Protocol25
The second treaty on trafficking adopted              The evolution of international law on
by the League was the ‘International                  human trafficking culminated on the
Convention for the Suppression of the                 15th of November, 2000 when the
Traffic in Women of Full Age 1933’.18                 United Nations General Assembly
                                                      adopted the ‘United Nations Protocol
This criminalized the trafficking of                  to Prevent, Suppress and Punish
women over twenty-one years of age,                   Trafficking in Persons, Especially
and interestingly provided that consent               Women and Children’.26 The Protocol
would not constitute a defence to the                 endowed the act of trafficking with
crime of trafficking.19 The Convention                an internationally accepted definition
declared that “whoever, in order to                   - the product of both State and non-
gratify the pleasures of another person,              State party submissions.27 Article 3 (a)
has procured, enticed or led away even                defines trafficking as “the recruitment,
with her consent, a woman or girl of                  transportation, transfer, harbouring or
full age for immoral purposes to be                   receipt of persons, by means of the
carried out in another country, shall be              threat or use of force or other forms
punished”.                                            of coercion, of abduction, of fraud, of
                                                      deception, of the abuse of power or of
It has been submitted that the                        position of vulnerability or for the giving
ineffectiveness of these two treaties                 or receiving or payments or benefits to
was due to their failure to address                   achieve the consent of a person having
prostitution and brothels in countries                control over another person for the
of destination20. Therefore, in order to              purpose of exploitation. Exploitation
address the demand side of trafficking,               shall include the prostitution of others
the League of Nations drafted a new                   or other forms of sexual exploitation,
convention, which was concluded in                    forced labour or services, slavery or
1940 but, due to the onset of the World               practices similar to slavery, servitude
War II, never adopted21.                              or the removal of organs”. Article 3
                                                      (b) vitiates the consent28 of the victim
The 1904, 1910, 1921 and 1933
                                                      where any of the means set out in sub-
Conventions considered the
                                                      paragraph (a) have been used.
subsequent exploitation of trafficking
victims to be a matter of domestic                    The Travaux Preparatoire states that
jurisdiction and, consequently, they only             ‘abuse of a position of vulnerability’
addressed the issues of recruitment and               is understood to refer to any situation
transportation22. The first encroachment              in which the person involved has
into what was considered domestic                     no real and acceptable alternative
jurisdiction came in the form of the                  but to submit to the abuse involved’.
‘Convention for the Suppression of the                Furthermore, the phrase ‘exploitation
Traffic in Persons and the Exploitation               of the prostitution of others and other
of the Prostitution of Others, 1949’23.               forms of sexual exploitation’ refers only
This consolidated the preceding                       to prostitution in the context of trafficking
instruments and took an abolitionist                  in persons and is without prejudice to
stance on prostitution. Its title recognises          how individual State Parties address
the nexus between trafficking and                     prostitution.29 However, the definition

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HUMAN TRAFFICKING
                    also includes situations where the             Government delegations opposed a
                    relationship between the prostitute and        blanket right on the ground that it might
                    employer is exploitative. In recognition       create a means for illegal migration,37
                    of the particular vulnerability of children,   but recognised that, in certain cases,
                    consent is irrelevant regardless of the        there might be a need for victims to
                    means of recruitment used. The phrase          remain “for humanitarian purposes and
                    “For the purpose of exploitation”              to protect them from being victimised
                    introduces a mens rea requirement. For         again by traffickers”.38
                    a defendant to be found guilty of the
                                                                   Article 8 provides for the repatriation of
                    offence of trafficking, the prosecution
                                                                   victims of trafficking, and requires State
                    must establish that the defendant
                                                                   Parties to facilitate the repatriation of its
                    intended to exploit the victim.
                                                                   citizens, ‘with due regard to their safety’.
                    Part II (Articles 6-8) deals with protection   While article 8(2) states that repatriation
                    of and assistance to victims of                ‘shall preferably be voluntary’, this
                    trafficking. Articles 6(1) and 6(2) oblige     provision is ineffective as the Travaux
                    State Parties ‘in appropriate cases and        Preparatoire specifies that the phrase is
                    to the extent possible under domestic          understood not to place any obligation
                    law’ to protect the privacy and identity       on the State Party.39
                    of victims of trafficking, and to provide
                    them with information and assistance           Part III (Articles 9-13) requires State
                    during legal proceedings. The inclusion        Parties to establish preventative
                    of these two caveats sets the tone for         policies, programmes and other
                    a section laden with ambiguous and             measures to safeguard victims. The
                    discretionary language. In equally             measures include research, mass
                    pliable terms, article 6(3) obliges            media campaigns, social and economic
                    States, where appropriate, to ‘consider’       initiatives, 40 cooperation with civil
                    implementing measures to provide               society41, developmental measures,
                    for the physical, psychological and            bilateral agreements 42, educational,
                    social recovery of victims through             social and cultural measures 43 to
                    providing, inter alia, appropriate             "alleviate the factors that make
                    housing, 30 counselling, 31 medical,           persons… vulnerable to trafficking”.44
                    educational, material assistance, 32           Appraisal of Protocol
                    employment, educational and training           There are a number of inherent
                    opportunities.33                               weaknesses in the protocol. Firstly,
                    Article 6(5) requires States to                in light of the potential difficulty of
                    ‘endeavour’ to provide for the physical        distinguishing between trafficking
                    safety of victims while they remain on         victims and smuggled migrants, it is
                    its territory34. Under article 6(6), States    unfortunate that the drafters of the
                    must ensure that their domestic legal          protocol failed to provide guidance on
                    systems contain measures that offer            the identification of trafficked persons.
                    victims the possibility of obtaining           This danger is particularly stark when
                    compensation.                                  one realises that the definition of a
                                                                   smuggled migrant could encompass all
                    States, under Article 7, are obliged to        trafficked persons, with the exception of
                    ‘consider’ granting victims of trafficking     the minority residing legally.45 Moreover,
                    in persons the right to remain in              under the terms of the convention, it
                    their territory either temporarily or          would appear that in cases where force
                    permanently, giving appropriate                or coercion are not overtly obvious, the
                    consideration to humanitarian and              burden of proof may rest on victims to
                    compassionate factors.35 According to          establish that they have been trafficked
                    accounts of the drafting process, this         and are thus deserving of protection.
                    was a crucial issue during negotiations,
                    with NGOs and the Inter-Agency                 Secondly, assistance and protection
                    arguing for the inclusion of a right of        are not given as of right but are at the
                    residence in countries of destination.36       discretion of State parties. In their joint

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                                                                                                                     HUMAN TRAFFICKING
submission, the Inter-agency Group
questioned the discretionary nature                                                              References:
of the protection and noted that it
                                                                                                         22 Chuang, Janie; Redirecting the Debate over
was ‘unnecessarily restrictive and           1 International Agreement for the Suppression of
                                                White Slave Traffic, May 18 1904 35 Stat 1979,              Trafficking in Women, Definitions, Paradigms
not in accordance with international            1 LNTS 83. It was amended by the Protocol
                                                amending the International Agreement for the
                                                                                                            and Contexts. 11 Harv. Hum. Rgts. J. 65, Spring
                                                                                                            1998, p. 75.
human rights law’. 46 Indeed, this              Suppression of the White Slave Traffic and the
                                                International Convention for the Suppression of
                                                                                                         23 The Economic and Social Council of the United
                                                                                                            Nations, requested through resolution 43
could lead to the further violation of          the White Slave Traffic, and Annex to the Protocol          (IV)(1947) to revisit the draft convention of 1937.
                                                Amending the International Agreement for the                This request led to the adoption of the 1949
human rights, arbitrary provision of            Suppression of the White Slave Traffic, 30 UNTS             Treaty. United Nations Department of Economic
                                                23. The Convention was signed in Paris on the 18th          and Social Affairs, Study on Traffic in Persons
assistance to victims within states             of May 1904, consist of nine articles and entered           and Prostitution, ST/SOA/SD/8 (New York: United
and discrepancies across states. This           into force on the 18 of July 1905.
                                             2 Farrior, S. The International Law on Trafficking in
                                                                                                            Nations Publications)(1959), p 1-2.
                                                                                                         24 Preamble.
discretionary character of the victim           Women and Children for Prostitution: Making it
                                                Live Up to Its Potential, 10 HARV. HUM. RGTS.
                                                                                                         25 U.N Doc. A/45/49 (Vol. 1)(2001).
                                                                                                         26 Entered in force on 23 September 2003.
assistance measures is a result of              J. 213,216. Supported by Demleitner. N, ‘forced          27 Potts, L. G, ‘Global Trafficking in Human Beings:
                                                Prostitution: Naming an International Offense,’ 18
financial consideration, particularly           Fordham International Law Journal 163 (1994),
                                                                                                            Assessing Success of the United Nations Protocol
                                                                                                            to Prevent Trafficking in Persons,’ 35 George
                                                p. 165.
among developing countries.47                3 Report of the Special Rapporteur on Violence
                                                                                                            Washington International Law Review 227 (2003),
                                                                                                            pp. 238-239.
                                                Against Women, Its Causes and Consequences               28 For a comprehensive discussion of the consent issue
Thirdly, the drafters of the Protocol           on Trafficking in Women. Women’s Migration and
                                                Violence Against Women. E/CN.4/2000/68, para.18.
                                                                                                            in the protocol consult Abramson K, beyond Consent,
                                                                                                            Towards Safeguarding Human Rights: Implementing
failed to establish a mechanism for             See also Demleitner. N, ‘forced Prostitution: Naming
                                                an International Offense,’ 18 Fordham International
                                                                                                            the United Nations Trafficking Protocol, 44 Harvard
                                                                                                            Journal of International Law 473.
reviewing States Parties' adherence             Law Journal 163 (1994), p. 168. (quoting Harris,
                                                H.W, Human Merchandise: A study of the
                                                                                                         29 Human Trafficking and Forced Labour Exploitation,
                                                                                                            Guidance for Legislation and Law Enforcement,
to their obligations, or to create an           International Traffic in Women (1928), p. 38).              Special Action programme to Combat Forced labour,
                                             4 Farrior, Stephanie; The International Law on
international body to receive individual        Trafficking in Women and Children for Prostitution:
                                                                                                            2005, p. 10. International Labour Office, Geneva.
                                                                                                         30 Article 6(3)(a)
complaints by persons who may be the            Making it live up to its Potential. 10 Harv. Rts. J
                                                213, p216.
                                                                                                         31 Article 6(3)(b)
                                                                                                         32 Article 6(3)(c)
victims of trafficking.                      5 Articles 1 and 2.
                                                                                                         33 Article 6(3)(d)
                                             6 Articles 3-4.
                                                                                                         34 Protocol to Prevent, Suppress and Punish Trafficking
                                             7 Article 5.
Conclusion                                   8 Dunbar, Michelle O.P., The Past, Present and
                                                                                                            in Persons, Especially Women and Children, G. A.
                                                                                                            Res. 55/25, U.N. GAOR, 55th Sess., Annex II, U.N.
                                                Future of International Trafficking in Women for
As is clear from the foregoing, the             Prostitution. 8 Buff. Women’s L.J 103, 1999/2000,
                                                                                                            Doc. A/55/25 (2000) at 33-34.
                                                                                                         35 Article 7(1) and 7(2). Also art. 9(5), 10(1), 10(1c).
development of international law in the         p109, Chuang, Janie; Redirecting the Debate over
                                                Trafficking in Women, Definitions, Paradigms
                                                                                                         36 Anne Gallagher, Human Rights and the New UN
                                                                                                            protocols on trafficking and Migrant Smuggling: A
area of trafficking has been frustratingly      and Contexts. 11 Harv. Hum. Rgts. J. 65, Spring
                                                1998, p. 74.
                                                                                                            Preliminary Analysis, Human Rights Quarterly 23
                                                                                                            (2001) 975 – 1004, at 990 – 993.
slow, and the measures adopted are           9 International Convention for the Suppression of           37 Revised draft Protocol to Prevent, Suppress and
                                                White Slave Traffic, May 4 1910, 211 C.T.S. 45.
focused on the interests of State Parties,   10 United Nations Department of Economic Social
                                                                                                            Punish trafficking in Persons Especially Women
                                                                                                            and Children, supplementing the United Nations
and not the plight of the victims. While        Affairs, Study of Traffic in Persons and Prostitution,
                                                ST/SOA/SD/8 (New York: United Nations
                                                                                                            Convention against Transnational Organised crime,
                                                                                                            U.N. Doc. A/AC.254/4/Add.3/Rev.7 (2000).
the protocol is the most progressive            Publications) (1959), p. 1. Also see Corrigan, Katrin.
                                                Putting the Brakes on the Global Trafficking on
                                                                                                         38 Revised draft Protocol to Prevent, Suppress and
                                                                                                            Punish Trafficking in Persons Especially Women
legislation to date, it is fundamentally        Women for the Sex Trade: An Analysis of Existing            and Children, supplementing the United nations
                                                Regulatory Schemes to Stop the Flow of Traffic, 25          Convention against Transnational Organised
flawed due to the discretionary nature          Fordham INT’L L.J 151, 53 (2001) at 164-65 noted            Crime, U.N Doc. A/AC.254/4/Add.3/Rev.7 (2000),
                                                “the problem of holding women in brothels against
of protection and assistance measures.          their will for purposes of forced prostitution was
                                                                                                            art. 2 bis (c).
                                                                                                         39 Interpretative Notes, para. 73. On the issue of
                                                beyond the scope of the 1910 Convention because
Essentially, the international community        Member States considered such matters to be within
                                                                                                            repatriation in the absence of consent, the Ad-
                                                                                                            Hoc Committee agreed, during negotiations, that
is attempting to counter human                  a country’s exclusive domestic jurisdiction”.
                                             11 International Convention for the Suppression of
                                                                                                            “bilateral and multilateral agreements should be
                                                                                                            encouraged”. U.N. Doc. A/AC.254/4/Add.3/Rev.6
trafficking through immigration control         the Traffic in Women and Children, Sept. 20 1921,           (2000), Revised draft Protocol to Prevent, Suppress
                                                9 L.T.N.S. 415. Entered into force on the 15 June           and Punish Trafficking in Persons Especially Women
and criminal justice while bypassing            1922 and consisted of 14 articles.                          and Children, supplementing the United Nations
                                             12 Chuang, Janie; Redirecting the Debate over
human rights – a strategy which has             Trafficking in Women, Definitions, Paradigms
                                                                                                            Convention against Transnational Organised
                                                                                                            Crime, U.N. Doc. A/AC.254/4/Add.3/Rev.6 (2000),
thus far failed. Finally, with respect          and Contexts. 11 Harv. Hum. Rgts. J. 65, Spring
                                                1998, p. 75.
                                                                                                            art. 2 bis, Option 2.
                                                                                                         40 Article 9.2 of Protocol.
to State party implementation of the         13 Article 2.                                               41 Article 9.5 of Protocol.
                                             14 Article 3.                                               42 Article 9.4 of Protocol.
protocol, it is relevant to note that the    15 Article 4.                                               43 Article 9.5 of Protocol.
Protocol’s requirements represent            16 Article 6.
                                             17 Article 7. For further information consult Corrigan,
                                                                                                         44 Protocol to Prevent, Suppress and Punish Trafficking
                                                                                                            in Persons, Especially Women and Children, G. A.
minimum standards. States, in their             K. Putting the Brakes on the Global Trafficking of          Res. 55/25, U.N. GAOR, 55th Sess., Annex II, U.N.
                                                Women for the Sex Trade: An Analysis of Existing            Doc. A/55/25 (2000) at 35.
domestic law and policy, may extend             Regulatory Schemes to Stop the Flow of Traffic, 25       45 Anne Gallagher, Human Rights and the New UN
                                                FORDHAM INT’L L.J 151, 165 (2001).
the scope of the above-mentioned             18 The International Convention for the Suppression
                                                                                                            protocols on trafficking and Migrant Smuggling:
                                                                                                            A Preliminary Analysis, Human Rights Quarterly 23
measures, increase penalties and                of the Traffic in Women of Full Age, Oct 11, 1933.
                                                150 L.T.N.S. 431.
                                                                                                            (2001) 975 – 1004, at 994 – 995.
                                                                                                         46 Inter-Agency submission, Ad-Hoc Committee on the
pursue more effective victim assistance      19 This treaty was amended in 1947 and since the               Elaboration of a Convention Against Transnational
                                                amendment, it has attached 42 ratifications.                Organised Crime, Note by the United Nations
and rehabilitation programmes in their       20 United Nations Department of Economic and                   High Commissioner for Human Rights, the United
                                                                                                            Nations Children’s fund, the United Nations High
own jurisdictions.48                            Social Affairs, Study on Traffic inPersons and
                                                Prostitution, ST/SOA/SD/8 (New York: United                 Commission for Refugees, and the International
                                                Nations Publications)(1959), p 1-2. Lassen, N,              Organisation for Migration on the draft protocols
                                                ‘Slavery and Slavery-like Practices : United Nations        concerning migrant smuggling and trafficking in
                                                Standards and Implementation,’ 57 Nordic Journal            persons, U.N. Doc. A/AC.254/27,at para. 7.
                                                                                                         47 Human Trafficking and Forced Labour Exploitation,
Chris McDermott is a lecturer in law            of International Law 197 (1988).
                                             21 United Nations Department of Economic and                   Guidance for Legislation and Law Enforcement,
at Athlone Institute of Technology and          Social Affairs, Study on Traffic in Persons and
                                                Prostitution, ST/SOA/SD/8 (New York: United
                                                                                                            Special Action programme to Combat Forced labour,
                                                                                                            2005, p. 13. International Labour Office, Geneva.
a doctoral candidate at the Irish Centre        Nations Publications)(1959), p 1-2.                      48 Article 34, para 3 of the Convention.

for Human Rights, NUI Galway.

contact   No.184 - May 2007                                                                                                                                   17
HUMAN TRAFFICKING


     ADVOCACY AND VICTIM PROTECTION
      “For the past six months, I have met many women and young girls who had been recruited in
      Liberia and Cameroon and brought to France. The traffickers deceived them with promises of
 employment opportunities and a better status of life. In order to escape their conditions of extreme
poverty and support their family financially, these women have left their respective countries. When
   they realize that they are caught up in the network of prostitution, some of them try to escape to
save their lives and approach organizations who render humanitarian services. Most of them do not
      possess their documents, which were confiscated or destroyed by the trafficker upon their arrival”.

Excerpt from Fatima Mariasusai’s testimony to the UN Working Group on Contemporary Forms of Slavery.


                          F   ranciscans International (FI) is a
                              unique project within the Franciscan
                          Family whose various branches
                                                                        community, UN agencies, mechanisms
                                                                        and procedures related to trafficking and
                                                                        other NGOs and shared the outcomes
                          support, for the first time in history, a     of these efforts with interested groups.
                          common ministry at the United Nations.
                                                                        In addition, we published a Handbook
                          Franciscans International serves
                                                                        on Human Trafficking (2004) in order to
                          more than a million Franciscans and
                                                                        explain the content of the UN Protocol
                          members of FI in 180 countries around
                                                                        to Prevent, Suppress and Punish
                          the world by acting as peacemakers,
                                                                        Trafficking in Persons, Especially
                          accompanying the poor in their
                                                                        Women and Children (also known
                          struggles, and promoting respect for
                                                                        as the Palermo Protocol) in an easy,
                          the environment.
                                                                        accessible language. The Handbook
                          Since 2002, Franciscans International         also offers a practical tool where to learn
                          has run an Anti-Trafficking Program as        concrete information that can be useful in
                          several Franciscans, working at the           developing local initiatives. Furthermore,
                          grassroots level with trafficked persons,     in view of providing a comprehensive
                          requested our offices in Geneva and in        picture of human trafficking and its
                          New York to give international visibility     ramifications, FI published a Handbook
                          to their activities and concerns namely       on Migrant Workers (2004), the Acts
                          in relation to victims’ protection. Indeed,   of a Colloquium on the Protection of
                          several Franciscans exercise their            Trafficked Persons, jointly organized
                          ministry with and on behalf of trafficked     with the Human Rights Institute of the
                          persons and carry out timely, practical       Catholic University of Lyon (2004), a
                          activities, namely in Canada, France,         research study on Migrant Workers in
                          Germany, Madagascar, India, Italy,            Lebanon (2005), a Handbook on Forced
                          Lebanon, Pakistan and Togo.                   Labor (2006) and a Toolkit on Human
                                                                        Trafficking for Franciscans working in
                          In particular, FI has been facilitating       the United States (2006). Throughout
                          Franciscan testimonies to several UN          2005, Franciscans International and
                          bodies where our brothers and sisters         the Franciscan Family of Lebanon
                          have offered first-hand information as        have also been instrumental in calling
                          well as the fruits of participation of        for and supporting the organization of
                          Franciscans and members of other              the visit of the UN Special Rapporteur
                          religious communities in training             on Trafficking to Lebanon.
                          courses on human trafficking and
                                                                        Guided by the principles enshrined
                          forced labor.
                                                                        in the Palermo Protocol, Franciscans
                          Franciscans International has also used       International’s work on human
                          its research and advocacy capacities to       trafficking is based upon the following
                          effectively interact with the diplomatic      considerations:

18                                                                                        contact   No.184 - May 2007
                                                                                           HUMAN TRAFFICKING
n Trafficking is a global phenomenon         committed, the victim’s consent, be it
  that involves all human beings -           free or vitiated, is irrelevant. In other
  women and girls, as well as men            words, merely having used these
  and boys;                                  means implies having committed a
                                             criminal offence, regardless of the
n Both the sexual and the economic
                                             willingness or the consent of the victim
  forms of exploitation of trafficking
                                             to be exploited. The ultimate objective of
  must be taken into consideration if
                                             this provision is, therefore, to reinforce
  we want to effectively combat this
                                             the victims’ protection in order to ensure
  scourge;
                                             their social reintegration and to focus on
n Victims’ protection must be at the         the whole trafficking process.
  center of anti-trafficking initiatives,
  independent of the victims’ status         Though discretionary, we can also find
  in the country of origin, transit or       some basic principles dealing with the
  destination and his / her possibility      question of victims’ protection in Articles
  to cooperate with the authorities.         6 and 7 of the Palermo Protocol, which
  Under no circumstances should              make reference to judiciary procedures
  victims be punished or subjected to        and victims’ security as well as their
  discrimination;                            rights to physical and mental health,
                                             housing, work, education, and training.
n National legislation in every country      Measures to protect victims should aim
  must establish human trafficking as        at assisting, supporting, and empowering
  a criminal offence;                        those who have been trafficked in order
n States should strengthen cooperation,      to enable them to address the violations
  both at the regional and international     they have suffered.
  level, in order to track down              Franciscans International is convinced
  traffickers’ networks. States should       that a human-rights based approach to
  also introduce legislation that            victims’ protection should, therefore,
  includes extra-territorial provisions      include assistance and support compon
  so as to facilitate the prosecution of     ents as well as the empowerment of
  traffickers acting from abroad.            those who have been trafficked in order
In our view, the definition provided in      to enable them to address the violations
Article 3 of the Protocol is a fundamental   they have suffered.
cornerstone in the fight against human       We believe that the joint efforts of
trafficking as it identifies:                States, intergovernmental and non
The material constitutive acts of            governmental organizations can effec-
trafficking – recruitment, transportation,   tively contribute to alert public opinion
transfer, harboring or receipt of persons;   on the scourge of human trafficking and
                                             to sensitize society on the abuses that
The acts committed without the free
                                             the victims endure. A coherent juridical
and full consent of the trafficked person
                                             framework, based upon the respect
– use of force or other forms of coercion,
                                             of human rights, systematized and
abduction, fraud, deception, abuse of
                                             concerted cooperation among different
power or of a position of weakness or
                                             actors, and the political will to combine
vulnerability;
                                             prevention, protection and prosecution
Exploitation – exploitation of the           measures are core elements to support
prostitution of others or other forms        millions of human beings in their efforts
of sexual exploitation, forced labor or      to recover their dignity.
services, slavery or practices similar
to slavery, servitude or the removal of
organs – as the purpose of these acts        Alessandra Aula, Senior Advocacy
and means.                                   Officer at Franciscans International,
                                             Geneva, coordinates the organization's
It is important to note that if one of       human rights advocacy efforts at the
the above-mentioned acts has been            United Nations.

contact   No.184 - May 2007                                                                               19
HUMAN TRAFFICKING




                   BEHOLD A WOMAN
“Jesus was teaching in one of the synagogues on the Sabbath. And just then behold a woman with
  a spirit that had crippled her for eighteen years. She was bent over and was quite unable to stand
 up straight. When Jesus saw her, he called her over and said, ‘Woman, you are set free from your
     ailment.’ When he laid his hands on her, immediately she stood up straight, and began praising
    God. But the leader of the synagogue, indignant because Jesus had cured on the Sabbath, kept
 saying to the crowd, ‘There are six days on which work ought to be done; come on those days and
be cured, and not on the Sabbath day.’ But the Lord answered him and said, ‘You hypocrites! Does
not each of you on the Sabbath untie his ox or his donkey from the manger, and lead it away to give
  it water? And ought not this woman, a daughter of Abraham whom Satan bound for eighteen long
     years, be set free from this bondage on the Sabbath day?’ When he said this, all his opponents
were put to shame; and the entire crowd was rejoicing at all the wonderful things that he was doing”
                                                                                    (Luke 13: 10-17).




                          T    he usual translation “there appeared
                               a woman” weakens the idiomatic
                          force of Luke’s biblical diction: “behold
                                                                       no fruit for them. The tree is spared to
                                                                       give it more time to mature and produce.
                                                                       We have limited time to change the
                          (idou) a woman.” “Behold a bent woman”       systems that entrap these women. Our
                          becomes “behold the bent women of            prophetic voices must be heard in the
                          trafficking.” Behold the victims of the      halls of political power. These women of
                          third most lucrative criminal activity in    trafficking are slaves unable to escape
                          the world after arms and drugs.              from their bondage. Like Jesus, we must
                                                                       approach them with healing hands.
                          She has been bent for eighteen years
                          and we wonder what invisible force           NAME BASED ON DISABILITY
                          bent her spirit and her body. In the         The woman in Luke’s narrative doesn’t
                          thirteenth chapter of Luke, she stoops       have a name, other than the one given
                          between a passage about a fig tree,          to her by the town, a name based
                          fruitless for three years, yet given one     upon her disability. She doesn’t have
                          more year to mature and produce, and         an identity other than that of a victim.
                          a passage about the Kingdom of God           We know nothing of her family or
                          that compares it to a tiny mustard seed      occupation, nothing other than her
                          that grows into a tree large enough to       deformity. She is the one who is bent,
                          give sanctuary to the birds of the air.      stooped, bearing upon her shoulders an
                          The bent woman is caught between a           invisible yet heavy burden, the burden
                          tree that produces nothing nourishing        of being different, the burden of not
                          and a tree that provides sanctuary.          looking like everyone else, the burden
                          This is the only healing miracle in the      of not being able to do what everyone
                          Gospels where Jesus heals on his own         else does. She is the crooked woman,
                          initiative. All of the other stories begin   the bent woman.
                          with a request of the one who needs
                                                                       Identity is a critical issue with the Bent
                          healing.
                                                                       Women of Trafficking. They have many
                           The bent women of trafficking are           names to hide their distinctiveness
                          caught between systems that produce          rather than proudly claiming one. They

20                                                                                       contact   No.184 - May 2007
                                                                                             HUMAN TRAFFICKING
often don’t have papers and therefore          seems to have no need to make her a
no legal identity. They are ashamed of         professional victim, so that her disability
their present situation and suffer the         defines her whole life.
humiliation and guilt for years. The
system has stripped them of their legal        Jesus calls her “a daughter of Abraham.”
rights and offered them the ignominious        Jesus calls the crooked woman, the
name of “Women of the Street.”                 bent woman “a daughter of Abraham.”
                                               She is the daughter of one who is given
“Once a person is trafficked, escape           a great promise on a starry night. The
from that situation is always very difficult   one through whom God promised to
and often fraught with danger. Survivors       make a great nation through which
of trafficking almost invariably face a        all the nations of the earth would be
multitude of challenges, if they manage        blessed. The bent woman is an heir to
to escape the clutches of those that are       the blessings of God. Moreover, as a
trafficking or exploiting them:                daughter of Abraham, she is called to
                                               be a blessing to the whole world. She is
n Denial of access to legal rights and
                                               meant for more than superficial, cruel,
  basic human rights
                                               limiting labelling. She, bent over though
n Criminalisation, persecution and             she is, is part of God’s great salvation
  penalisation                                 of the whole world.

n Denial of access to legal protection         She stands up straight. Even if Jesus
n Denial of access to medical                  had not healed her back, I think she
  protection and counselling services          would now have stood up straight.
                                               Her life had been caught up in God’s
n Assistance is often conditional              promises to the world. Her life had
  upon cooperation with authorities,           been renamed, not as a long story of
  regardless of the danger to which            injustice, victimization, and sadness,
  this may expose the trafficked               but as part of the great drama of God’s
  person                                       liberation. Let us therefore remember
                                               her, not as just one more sad victim, not
n Stigmatisation and discrimination,
                                               as the woman with a bent back, but as
  not only of the trafficked person
                                               a daughter of Abraham.
  but also of his or her family and
  environment” 1
                                               We must call to the Bent Women of
“On the street the ‘prostitute’ must lie in    Trafficking by name. They are our
absolute secrecy and in strict obedience       sisters with the same inheritance as
to their traffickers and mamans. In            ours. We are their sisters and brothers
addition, they are liable to the dangers       who share their inheritance. Their
of the street - maltreatment, abuse, road      name, country of origin and family
accidents and even death. Every year           have been taken away from them.
several girls experience martyrdom on          They assume many different names
our streets, either from clients, maniacs      for concealment. Their identity has
or traffickers.” 2                             become their disability – “Bent Women
                                               of Trafficking.” Let us devote our efforts
DAUGHTER OF ABRAHAM                            to calling them by name – Regina,
Jesus encounters the bent woman.               Gladies, Patricia, Rita and Gloria.
Jesus heals her and she is able to             They are beneficiaries of the same
stand up straight, to look straight            astounding promises that sustain us in
ahead, to be restored. But perhaps just        our daily lives. These “Bent Women of
as wonderful is the way Jesus speaks           Trafficking” have a right to know their
to her, what Jesus says about her. He          identity as recipients of the Love of God.
does not call her disabled, or hindered,       They will not know this good news until
or a victim of life’s unfairness, though       another human person calls them by
from most points of view, she is. Jesus        name and offers a healing hand.

contact   No.184 - May 2007                                                                                 21
HUMAN TRAFFICKING
                    YOU ARE SET FREE                            The synagogue leader seems to
                    The first recorded words of Jesus           recognize the necessity that lies upon
                    in this story of healing are “woman,        Jesus, the responsibility to use his
                    you are set free from your ailment.”        powers for the good of others. Jesus
                    Only then Jesus lays his hands on           picks up this phrase: “and ought (dei)
                    the woman and heals her. “When he           not this woman, a daughter of Abraham
                    laid his hands on her, immediately she      whom Satan bound for eighteen long
                    stood up straight, and began praising       years, be set free from this bondage
                    God.” You are set free from the spirit      on the Sabbath day?” Reminding his
                    that bent your body. You are set free       addressees of their weekly practice of
                    from the malady that has replaced           caring for the well-being of animals, he
                    your name. You are set free from            suggests that there is a necessity that
                    being a victim. You are free to claim       they do that, an obligation they would
                    your upright identity as a daughter of      and should readily admit. So too, on
                    Abraham.                                    the human level, there is an essential
                                                                need that people be cared for with
                    The Bent Women of Trafficking               compassion. The motivation for this
                    belong to a slave trade where women         can only be love of neighbour, the
                    and minors are for sale. “Prostitution      love for which Jesus has only praise
                    is not a new phenomenon; what is            (Luke 10:27).
                    new is that a global and complex
                    trade currently exploits the situation      The emphasis of this law, this
                    of poverty and vulnerability of             necessity, for Jesus is shaped by the
                    many women - twenty-first century           ways in which he can be neighbour
                    slaves.3 They have been promised            to all people. His abilities, his powers,
                    freedom, employment and endless             are especially those of teaching and
                    opportunities only to be tricked into       healing. His word is powerful. What is
                    the slavery of prostitution. These          emphasized in this story is the peculiar
                    women are bent by a system that             necessity of healing which lays upon
                    is one of the most lucrative criminal       Jesus. He ‘must’ heal, out of love of
                    activities in the world. Globalization      neighbour. This is his obligation. As
                    has strengthened the network that           Christians, it is ours too.
                    entraps these women.

                    “The Trans-national dimension of the        Camilla Burns completed a Doctorate
                    global crime of trafficking in human        in Scripture at the Graduate
                    beings requires the combined efforts        Theological Union, Berkeley, California
                    of responsible actors in the countries      with a concentration on the Wisdom
                    of origin, the countries of transit, and    Tradition of the Old Testament. She
                    the countries of destination of the         taught at the Institute of Pastoral
                    trafficked people.”4                        Studies, Loyola University, Chicago
                                                                and then became its Director. She is
                    THE OBLIGATION TO HEAL                      currently serving as Congregational
                    “There are six days on which work           Leader of the Sisters of Notre Dame
                    ought (dei, it is necessary) to be          de Namur.
                    done.” It was the synagogue leader
                    who introduced the phrase “ought”,
                    “it is necessary”. He speaks of the
                    “necessity to work.” He does not speak       References:

                    of the days one is allowed to work.          1 “Created in the image of God, treated like slaves…” Caritas
                                                                   International. 89th Session CI Executive Committee. 14-16
                    The leader’s principle speaks of the           November, 2003.
                                                                 2 Sr. Eugenia Bonetti, MC. “The Strength of Networking Against
                    necessity ‘to work’ and in this case, the      ‘Trafficking’ in Human Beings. A paper presented to Caritas
                                                                   International, Inter-Regional Workshop on Anti-Trafficking.
                    work of healing. His argument is that it       12-13 September, 2005.
                    is necessary to heal on six days of the      3 Ibid., Sr. Eugenia Bonetti, MC
                                                                 4 Ibid. “Created in the image of God, treated like slaves…”
                    week, but not on the Sabbath.


22                                                                                        contact       No.184 - May 2007
                                                                                        HUMAN TRAFFICKING

Case study:                                                present. She was also given various bank account
                                                           numbers to which she should lodge her income. One


ENCA’S STORY
                                                           day while she was making a lodgement, a bank official
                                                           called her aside. She had presented counterfeit notes.
                                                           Very soon she found herself in the Women's Prison.
                                                           While there it was suspected that she had been

E   nca from Bolivia, a lone parent with two children
    and a hairdresser by profession, was offered a
more profitable position overseas. She paid her own
                                                           trafficked and her plight was brought to the notice of
                                                           Ruhama* – a Dublin-based NGO that provides support
                                                           services to women involved in prostitution and other
fare to Ireland, and was told to buy a mobile phone and    forms of commercial sexual exploitation. Ruhama
given a mobile number to contact on arrival. Enca was      personnel took up her case, assisted by the Irish police
met by a man who had a picture of her on his mobile        and IMO. With this support, she was helped to fulfil
and was taken by him to a house where she found            her choice to return to her family. Through the efforts
three other women of the same nationality.                 of the network of Religious Sisters, Ruhama was able
                                                           to put her in contact with another support agency in
She quickly discovered that her 'new job' was very         her own country.
different from her expectations. Enca learned from
them that her job would be to provide sexual favours       Questions to ask yourself:
for men and that her work times and places would be        What feelings did it evoke in you?
dictated by mobile messages. She was moved around          How does this story challenge you?
the country and each week found herself in a different
place. What kept Enca going in this job was fear - fear    * See www.ruhama.ie
for the safety of her children, as she was threatened
that if she did not comply, her family would be at risk,
even of death.
                                                                  YOU CAN MAKE A DIFFERENCE
Enca complied for three months. She followed mobile
text orders of when and where the next client would         At a personal level
                                                            n Talk about Enca’s story
                                                            n Be alert to references to trafficking in persons
                                                              in newspapers, on TV and other media
                                                            n Include people like Enca in your prayer
                                                            n Support Fair Trade
                                                            n Be alert to other ‘Encas’ in your locality

                                                            At community/Parish level
                                                            n Invite someone to speak to your interest
                                                              groups
                                                            n Raise the matter with your local politicians
                                                            n Support action taken to combat trafficking in
                                                              persons

                                                            Students/Young Adults
                                                            n Why not have a school/college debate on the
                                                              issue?
                                                            n Why not form an action group to combat this
                                                              modern form of slavery?



contact   No.184 - May 2007                                                                                     23
HUMAN TRAFFICKING


Case study:

             ELIZABETH’S STORY
E   lizabeth was the eldest of five children. They lived
    in one of West Africa’s large cities. Her father was
a gambler. He had been imprisoned and their mother,
                                                           the market. Because of her own suffering Elizabeth
                                                           decided to help Magdalena and took her to the room
                                                           where she was living. For one week Magdalena stayed
deeply depressed after the death of a new-born infant,     with her, understudying her at her trade. She prayed
simply could not cope. She ran away, abandoning            with her, ate with her, moved everywhere with her,
the children. To help feed her younger sisters and         and - most of all learned how she could take a phone
brothers, Elizabeth got some work at the down-town         call through the help of some neighbours.
market.
                                                           At the end of the week, Magdalena told Elizabeth that
One day, a girl called Magdalena came up to her            she had two brothers in the capital city who would be
stall. She seemed very scattered, her hair untidy,         very grateful that Elizabeth had saved Magdalena's
her clothes torn. She told Elizabeth a very sad story      life and that she should go with her to meet them as
about what had befallen her and begged Elizabeth to        they would want to thank her. On arrival they were
help her and to teach              her how to trade in     welcomed by the brothers. Elizabeth was thanked for
                                                           her kindness. She was taken to a boutique where they
                                                           bought her new clothes. After a day or two she was
                                                           given money and returned home, very happy that she
                                                           now had friends in the capital city, who might help her
                                                           if she wanted to return there in the future.

                                                           Six weeks later, Elizabeth got a message saying
                                                           she should stand by the phone of her neighbour
                                                           to receive a call from the capital city. This she
                                                           did. It was Magdalena's two brothers informing
                                                           her that Magdalena was now in Germany running
                                                           a supermarket for her aunt. Because of the help
                                                           Elizabeth had given to Magdalena and had saved
                                                           her life, the brothers wanted to help Elizabeth to go
                                                           to Germany to join her. Elizabeth could not believe
                                                               her good fortune.

                                                                 The process began, getting her passport and
                                                                        papers in order. Eventually she went.
                                                                           Her brothers and sisters heard no




24                                                                                         contact   No.184 - May 2007
                                                                                       HUMAN TRAFFICKING
more from her. As far as
they were concerned she had
disappeared.
When she had left home
she was flown, not to
Germany, but to Rome.
At the airport she was met
and taken to the home of a
woman from her home country
who ran a brothel. She was
welcomed and told she would
have two weeks to learn what to
do and to learn Italian. Elizabeth thought
she was in Germany and asked why she
had to learn Italian. Then it dawned on
her how she had been duped and what
kind of 'supermarket' it was. She told the
Madame that if the work involved
prostitution, she was not going to enter
into it.
She remained in the house for two weeks
at the end of which she was dressed as
prostitutes are dressed and taken to the street
with another girl. She screamed and made so
much noise that the Madame had to take her
home again. She was flogged until she bled and a
well-known custom of invoking evil spirits was used
to frighten her. She was warned that if she did not
comply with the rules and regulations of that house she
would die. Elizabeth told the Madame she was ready
to die but was not ready to enter into prostitution.
                                                           Elizabeth to the Madame to pay the money for her
The next night, broken and bruised, she was put on         release but the Madame said she required 70,000,000
the street again, and she repeated her performance         lire and locked up both the wife and Elizabeth.
of screaming and shouting but the Madame left: her         Realising what had happened, the husband came with
there and drove away. An Italian man happened to           an axe and cut down the door and rushed them into
be passing that way. He stopped his car and asked          his car. In releasing his wife and Elizabeth
her what the problem was. Elizabeth was too upset
                                                           the money was dropped and no receipt was issued.
to speak and didn't know enough Italian to explain.
Another girl in prostitution close by explained the        The couple made room for Elizabeth in their home
problem but said she felt that in time Elizabeth would     and cared for her like parents. Then began the long
enter the business.                                        process to get her a work permit to remain in Italy.
                                                           Meanwhile they got her a job looking after an elderly
The man asked Elizabeth to wait there saying that he
                                                           couple where she was very comfortable.
was coming back. He went home and collected his
wife and together they came back to Elizabeth and          Elizabeth was fortunate to have been rescued by a
took her off the street. They were the parents of two      Good Samaritan. She was advised never to return to
children around Elizabeth's age. Every night for two       her home country as her life would be in danger. In
weeks they took Elizabeth to their home, each morning      Italy she met a young man from her own country, to
giving her money to pay the Madame.                        whom she is now happily married. Countless other
                                                           young women like her are still at risk.
This couple knew they couldn't continue this, and all
the while they were trying to find a solution. They        Questions to ask yourself:
called on their relatives to help and managed to collect   What touched you most about this story?
30,000,000 lire between them. The wife accompanied         In what way does it challenge you?

contact   No.184 - May 2007                                                                                  25
HUMAN TRAFFICKING



                               PSALM 69
      translation from the perspective of a woman
            trafficked into forced prostitution
                by Eva-Sibylle Vogel-Mfato
              Save me, o God,                  If they knew how I earn my living here,
for the waters have come up to my neck.      they would refuse to know me any longer.
   My feet can no longer touch bottom                It was, it is, longing for the life
  in the deep mire where I am sinking.                       in all its fullness
       I have screamed my heart out,         which you have promised to all the world,
           my throat is so hoarse,                     which has brought me low.
     I have waited so long for my God        The insults of those who scorn your name
    that I hardly dare hope any longer.                  have fallen on my head.

More in number than the hairs of my head                Weeping bitterly, I fast
are those who hate me without any cause.              while they make fun of me.
   Those who are unjustly against me,            If I were to seek justice in a court
     and want to ruin me completely                 they would pull me to pieces,
      have me totally in their power.         and my tormentors would sing drunken
 I am supposed to pay back money I do                       songs about me.
             not even owe.                      My prayer rises up to you, O Lord.
                                                       Let the time come for me
       God, you know how innocent                           to receive mercy.
              and naive I was;                     In your great love, answer me,
that I am partly to blame for my situation      with your faithful help, rescue me.
           is no secret from you.              Reach down, pull me out of the mire
 Do not let those who wait and hope for            before it closes over my head.
                  your help                    Snatch me away from those who are
        be troubled because of me.                           destroying me,
     Let those who seek you, o God           save me from the floods rushing over me,
               of my people,                   do not let the deep waters drown me
  not face scandal and shame because                   or the Pit swallow me up.
                   of me.
    For your sake I bear my disgrace                      Answer me, God,
    and my face betrays my shame.             for it is so comforting to be embraced
                                               by your kindness and motherly love.
        I have become a stranger             Do not hide your face from your daughter.
     to my own sisters and brothers.                        I am so afraid!

26                                                                    contact   No.184 - May 2007
                                                                               HUMAN TRAFFICKING
          Answer me quickly,                                   Add guilt to their guilt
     come into my life with your help,                 and do not let them have any place
              redeem my life,                                      in your justice.
 buy me back, because of my enemies.                          Let them be blotted out
You know how I am insulted and shamed,                          of the book of life;
 you know who they are, my tormenters.                   let them not be included among
Shame has broken my heart and brought                               the righteous.
               me to despair.                         I am in misery, my whole body aches.
           I long for someone                            Help me, o God, and protect me.
 who sees me and cares about my pain
          but no one is there.                              I will praise the name of God
           I long for someone                                         with a song;
 to take me in her arms and comfort me                I will magnify God with thanksgiving.
        but I cannot find anyone.                          My sisters with whom I share
                                                                       this slavery
         They put drugs in my food,                     see me, and sing their gladness;
   and when I am overcome with thirst,                        those who looked to God
all I get is a bitter drink, which numbs me                      for counsel and help,
       but does not quench my thirst.                    find new courage in their hearts.
                                                       For God hears the voice of the poor
  Let their own table full of food make                                and needy,
                 them sick                                    God identifies with those
         and be a trap for them.                                      in bondage,
      Let their eyes be struck blind,                     and does not despise her own.
   so they can no longer gape at me,
 and let their loins be impotent forever!              Let heaven and earth praise God,
Pour out upon them your punishing anger                   the seas, and everything that
    and let your burning indignation                              moves in them.
              overtake them.                           For our country is precious to God,
     Let their houses be laid waste,                              she will help us,
        so no one can live there.                         and will build the cities again,
            For they persecute                        so that her people may live in them,
     those whom you have already                      and make their living with what they
             punished enough                                        have there.
     and they make fun of the pain                    And this our descendants will inherit,
    of those who are already deeply                           and those who love God
                 wounded.                               will be able to live there in peace.


                              http://www.cec-kek.org/content/psalm_eva.shtml

  From the workbook Churches in Europe against Trafficking in Women (published by Council of European
     Churches, Geneva 2003, PO Box 2100, 150 route de Ferney, CH-1211 Geneva 2, Switzerland).


contact   No.184 - May 2007                                                                         27
HUMAN TRAFFICKING

                                                        in Refugee Status Determination,               13. Trafficking in Human Beings

     RESOURCES:
                                                        Resource Package, 297pp plus CD                    First Report of the Dutch National
                                                        Includes: Guidelines for Workshops.                Rapporteur, Bureau NRM, The Hague,
                                                        Module 2: Ensuring Gender Sensititive              2002
                                                        in Refugee Status Determination,
1.   Protocol to Prevent, Suppress and                  procedural issues, Resource Package,           14 Understanding and Counteracting
     Punish Trafficking in Persons, Especially          180pp                                             Trafficking in Persons, International
     Women and Children, G.A. Res. 55/25.               Includes: Workshop on trauma,                     Organisation for Migration, 2004
     CAOR. 55th Sess., Annex II, UN Doc                 evidentiary and cultural issues, credibility
     A/55/25, 2000 (commonly referred to                issues, interviewing asylum seekers.           15. The Links between Prostitution and
     as the Palermo Protocol)                                                                              Sex Trafficking, A Briefing Handbook,
                                                   7.   UNHCR: Guidelines on International                 2006 by Monica O’Connor and Gráinne
2.   Council of Europe Convention on                    Protection, 17pp                                   Healy, prepared for the Joint Project
     Action Against Trafficking in Human                Includes: Application of articles from             Coordinated by the Coalition Against
     Beings, 2005                                       1951 Convention and/or 1967 protocol.              Trafficking in Women (CATW) and the
                                                                                                           European Women’s Lobby (EWL) on
3.   Comparative Analysis of Gender-               8.   UNHCR: Combatting Human Trafficking,               Promoting Preventative Measures to
     related Persecution in National Asylum             Overview of UNHCR Anti-Trafficking                 Combat Trafficking in Human Beings
     Legislation and Practice in Europe, 171            Activities in Europe, Bureau for                   for Sexual Exploitation: A Swedish
     pp, UNHCR, APAU/2004/05 May 2004                   Europe Policy Unit 2005, 146 pp plus               and United States Governmental
     by Heaven Crawley and Trine Lester,                appendices                                         and Non-Governmental Organisation
     AMRE, Consulting, UK.                              Includes: Information on Albania,                  Partnership.
     heaven.crawley@amre.co.uk                          Armenia, Austria, Azerbaijan, Belarus,
     Includes: Gendered statistics on asylum            Belgium, Bosnia-Herzegovina, Bulgaria,         16. Handbook on Human Trafficking, Author
     applications and decisions; Interpretation         Croatia, Cyprus, Czech Republic,                   Yao Agbetse, Editor, Alessandra Aula,
     of persecution; Persecution by non-state           France, Georgia, Germany, Greece,                  Franciscans International, Geneva
     agents; Gender-related persecution and             Hungary, Ireland, Italy, Luxembourg,
     particular social groups; Procedural and           Republic of Moldova, Netherlands,              17. Human Trafficking and Forced Labour
     evidential issues.                                 Poland, Romania, Russian Federation,               Exploitation, Guidance for Legislation
                                                        Serbia-Montenegro and Kosovo, Slovak               and Law Enforcement, Special Action
4.   Sexual and Gender-Based Violence                   Republic, Slovenia, Spain, Sweden,                 Programme to Combat Forced Labour,
     against Refugees, Returnees and                    Switzerland, former Yugoslav Republic              2005, International Labour Office,
     Internally Displaced Persons: Guidelines           of Macedonia, Turkey, Ukraine, United              Geneva
     for Prevention and Response, May 2003,             Kingdom. For each country includes
     UNHCR, 158 pp plus CD                                                                             18. Christian Action and Networking against
                                                        overview and profile of victims, legal
     Includes: Overview of sexual and                                                                      Trafficking in Women, Brussels, 2005
                                                        framework, implementation, response/
     gender-based violence; Guiding                     prevention, case law and legal practice
     principles; Preventing sexual and                                                                 19. The Health Risks and Consequences of
                                                        and UNHCR involvement, outstanding                 Trafficking in Women and Adolescents:
     gender-based violence; Responding                  issues and other resources.
     to sexual and gender-based violence;                                                                  Findings from a European Study,
     Special considerations for refugee                                                                    Cathy Zimmermann, London School of
                                                   9.   The Natashas, Victor Malarek, Vision
     children; Framework for action.                                                                       Hygiene and Tropical Medicine, 2003
                                                        Paperbacks 2004, ISBN 1904132545

5.   Separated Children in Europe Prog-                                                                20. Stolen Smiles: Summary Report
                                                   10. Trafficking in Women in Germany,
     ramme, Statement of Good Practice,                                                                    on the physical and psychological
                                                       KOK, 2001.
     Third Edition, 2004, Save the Children,                                                               health consequences of women and
     UNHCR. 48 pp                                  11. Trafficking in Human Beings in Central              adolescents trafficked in Europe, Cathy
     Includes: First Principles on best                Europe, La Strada, Czech Republic                   Zimmermann, Mazeda Houssain, K.Y.,
     interests, non-discrimination, right to           2005,ISBN: 80-239-4212-3                            Brenda Roche, Linda Morison and
     participate, respect for cultural identity,                                                           Charlotte Watts, London School of
     confidentiality, inter-organisational co-     12. "Don't become a victim of human                     Tropical Hygiene and Medicine, 2006
     operation, staff training.                        traffickers".
                                                       Published within the framework of the           21. International Consultation on Trafficking
6.   UNHCR: Ensuring Gender Sensitivity                project "Development of a network of                in Women in Europe, Direbergen,
     in the Context of Refugee Status                  innovating social services in Ukraine for           Netherlands, Churches, C.o.E (1999)
     Determination and Resettlement:                   women victims of trafficking" by Caritas
     Module 1: Ensuring Gender Sensititivy             Ukraine, 2004.                                  22. DVD: ‘Exit’ from www.exit.org




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28                                                                                                                     contact   No.184 - May 2007

				
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