by
Jennifer Hazelwood

The freedom to move from region to region or State to State in a safe manner should be the right of every citizen on Earth. This is not always the case. Some have this freedom and others are limited in their movement based on, but not limited to, their nationality, race, ethnicity, gender, or religion. At the turn of the century the world had to deal with a related issue that has become a major problem, the trafficking of people from one area to another. The issue was included in the League of Nations mandate and was then passed on to the United Nations. In 1949 thirteen countries signed the only treaty dealing with the trafficking of people. This United Nations Treaty dealt only with the trafficking of persons for the purposes of prostitution. Given the increase of trafficking for a variety of purposes, the treaty can be said to be outdated.

In the past the idea of trafficking pertained to white women and protecting their virtue (E/CN.4/2000/68 10). The international community does not have a current agreed upon the definition to clearly explain the trafficking of people,. There are many aspects involved in the trafficking of human beings. There is a fine line between illegal immigration and trafficking. According to Ms. Radhika Coomaraswamy, the Special Rapporteur of the Commission on Human Rights on Violence against Women, its Causes and Consequences, the difference between trafficking and illegal immigration is that trafficking is not consensual. The Commission suggested the following definition to cover all aspects of trafficking:

Trafficking in persons means the recruitment, transportation, purchase, sale, transfer, harboring, or receipt of persons: (i) by threat or use of violence, abduction, force, fraud, deception or coercion (including abuse of authority). or debt bondage, for the purpose of; (ii) placing or holding such person, whether for pay or not, in forced labor or slavery-like practices, in a community other than the one in which such person lived at the time of the original act described in (i).

A clear definition is necessary to understand the full impact of this exploitation on basic human rights. Women who are fully informed of the work that they will be doing and are in charge of their finances are not victims of trafficking (E/CN.4/2000/68 14). The international community needs to agree upon a working definition before productive solutions can be created and implemented.

In the past trafficking was defined and limited to persons moved without consent for the purpose of prostitution. This narrow definition excludes a majority of exploited people who are being used as sex workers (not limited to prostitution), forced marriage, and slave-like work. Another factor that must be considered when looking at the issue of trafficking is that the act is not limited to crossing international borders. It can be a common practice within states as well.

There are specific characteristics of regions that are prone to high levels of trafficking. States going through economic hard times caused by armed conflict (internal or external), high unemployment and poverty provide opportunities for women and children to be exploited by traffickers. Women and children are the most vulnerable in these situations. Women generally earn less than men do and they are often left as the sole provider for their children.

Developed countries have an increased need for domestic servants and they often look to developing nations for cheap labor. Arranged marriages without mutual consent also take advantage of the destitute position of women and young girls in developing nations.

In some cases government employees are exploiting the women and children; in others private citizens exploit them. Many women and children cannot turn to the authorities who often look the other direction, and victims have nowhere to turn.

Some states have taken an active role in trying to control this situation. Canada and the United States have adopted policies that punish women for being in the country illegally by jail time, fines, deportation, and, in some cases, all three. Deportation can be worse than forced labor because these women are often abused physically and sexually and going back to their communities and families is too shameful.

Other countries, such as Nepal and Romania, have implemented laws restricting the rights of women and children to move freely through the country. This creates another problem of unequal treatment and opportunity based on gender. This can set women back further economically.

It is important for the international community to realize that there is a cycle in the trafficking ring. It begins with the trafficker abducting a victim by using some sort of force or threat. Then they enter a new region or state and the victim is sold or traded to some other person. It is important that the correct criminals are punished and the victim is protected and helped in every way necessary, including but not limited to medical and psychological treatment.

The best solution would be a way to prevent trafficking altogether. The country of origin and the recipient country are both involved and in some cases both will punish all the parties involved. A universal agreement would help to ensure the protection of victims. The United Nations has taken steps to create international agreements on the issue. The Office of the High Commissioner for Human Rights has taken action and the United Nations has sponsored several important conferences on the general issue of violence against women, with trafficking of persons being part of the overall issue.

The Office of the High Commissioner for Human Rights has appointed a Special Rapporteur on the issue of violence against women and trafficking. Ms. Radhika Coomaraswamy from Sri Lanka was appointed to the position in 1994.

In September 1995 at The Fourth World Conference on Women, the Beijing Declaration and Platform for Action was adopted. This declaration followed the decade for women 1976-1985 and the Nairobi Conference and provided guidelines regarding violence against women.

The Beijing + 5 review conference was held in June 2000 to consider the last five years since the World Conference in Beijing and participating States recommited themselves to the goals of the original conference.

The trafficking of women and children is a growing problem. With the instability and economic disruption of many nation-states this problem can only increase without some sort of international intervention. The first step to solving this issue would be to get a clear definition so every state has a common understanding. The United Nations has held many conferences and created a committee to study the problem anddevelop guidelines, but more needs to be done to help these women and children.

1. Is it the role of the states or regional organizations to create legislation and control the flow of trafficking in persons or should the United Nations take primary responsibility?
1. What is the most inclusive way to define trafficking?
1. What type of punishment should be imposed and who should be held accountable? Who should be in charge of punishment?
1. Do states have an obligation to provide safe passage of all persons or does each state have a right to limit travel in any way it sees fit?
1. Should states give medical and psychological assistance to victims of trafficking?

Resolution from the General Assembly, A/RES/53/116. 1 February 1999.
Resolution from Economic and Social Council, E/CN.4/RES/1999/40.26 April 1999.
Tessitore, John and Susan Woolfson, ed. A Global Agenda: Issues Before the 54th General Assembly of the United Nations. Rowan & Littlefield Publishers, Inc.: New York, 1999. UNHCHR Annual Appeal 2000. www.unhchr.ch/html/hchr.htm.
Women’s Rights are Human Rights. www.unhchr.org
www.unifem.org