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Trafficking in Human Beings

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Trafficking in Human Beings Trafficking in Human Beings EU-AsiA DiAlogUE Shaping a Common Future for Europe and Asia – Sharing Policy Innovation and Best Practices in Addressing Common Challenges Trafficking in Human Beings learning from Asian and European Experiences © 2014 Konrad-Adenauer Stiftung and European Union All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying or recording, or in any information storage or retrieval system, without permission from the publisher. Editors: Dr. Wilhelm Hofmeister Patrick Rueppel Konrad-Adenauer Stiftung Ltd. Regional Programme Political Dialogue Asia 36 Bukit Pasoh Road Singapore 089850 Registration Number: 201228783N East Asian Institute 469A Bukit Timah Road Tower Block #06-01 Singapore 259770 European Policy Centre Résidence Palace 155 rue de la Loi B-1040 Brussels / Belgium European Union Centre in Singapore 11 Slim Barracks Rise, #06-01 Executive Centre, NTU@one-north campus Singapore 138664 Design, Layout and Typeset: Select Books Pte Ltd 65A, Jalan Tenteram #02-06, St Michael’s Industrial Estate Singapore 328958 Website: www.selectbooks.com.sg National Library Board, Singapore Cataloguing-in-Publication Data Trafficking in human beings : learning from Asian and European experiences. – Singapore : Konrad-Adenauer Stiftung [and] East Asian Institute [and] European Policy Centre [and] European Union Centre in Singapore, 2014. pages cm ISBN : 978-981-09-1127-0 (paperback) 1. Human trafficking – Asia – Congresses. 2. Human trafficking – Europe – Congresses. I. Hofmeister, Wilhelm. II. Rueppel, Patrick. HQ281 306.362095 -- dc23 OCN 882982453 Printed in Singapore ConTenTs 7 Preface 11 Human Trafficking and organized Crime Marina Caparini 25 Human Trafficking: Asia and Europe Leslie Holmes 39 Human Trafficking in south Korea— Experience, Challenges, and Policy Seo-Young Cho 51 Human Trafficking in Vietnam: indicators of Progress and Continuous Challenges Huong Le Thu 65 Human Trafficking in Taiwan Yingyu Chen 75 Myanmar-Thailand Bilateral Cooperation to Combat Trafficking in Persons Paul Buckley 85 Trafficking on the High seas: The Exploitation of Migrant Fishermen in south- east Asia’s long Haul Fishing industry Sallie Yea 97 A Non-Traditional security Threat in Asia: Cyberspace and Human Trafficking? Alistair D. B. Cook 109 The EU Action against Trafficking in Human Beings Joanna Pétin 123 Trafficking in Human Beings in italy Ilaria Boiano 135 Current Problems of Human Trafficking in Poland Zbigniew Lasocik Preface Trafficking in human beings is a strong violation of basic rights and a severe transnational or- ganized crime. But human trafficking is also a highly profitable business in both Europe and Asia. People can be trafficked for different purposes, including sexual exploitation, labour exploitation, organ smuggling and as brides/grooms. Victims of this crime are highly vulner- able and are often coerced by the traffickers through threats to harm their family members, to abuse them or to sell them. At the same, the victims are granted hardly any rights in the destination countries and cooperation with the police is limited due to fear or the fact that the police might be corrupt and involved in the crime as well. Conservative estimates by the International Labour Organization (ILO) indicate around 20.9 million persons in situations of forced labour in 2012. This does not include people be- ing trafficked for organ removal, forced marriage or adoption. More than 50 percent of these people originated from countries in the Asia-Pacific region. The actual numbers of identified victims and convicted traffickers is only a very small percentage of this estimate. This high- lights the two key challenges in combating human trafficking – victims identification and prosecution of traffickers. The reasons for this failure are the low law enforcement rates and corruption among enforcement units. In a number of countries, the police and immigration officers benefit financially from the trafficking offences. Another cause for the lack of enforcement is the lack of capacities and capabilities of prosecutors. While prosecutors and police officers are being trained, traffickers often amend their strategies and exploit new grey areas before law amendments are even implemented. Due to this flexibility, the criminals are often one step ahead of the law enforcement units. A second reason for the situation is the lack of victim protection in the source as well as destination countries. Many victims of human trafficking do not receive sufficient protection and are even prosecuted as criminals for acts committed under duress. This undermines their confidence in the police and reduces their willingness to cooperate with prosecutors. As a result many victims fear acts of revenge by the traffickers if they testify against them. Even if they agree to take part in the prosecution process, they face the problem of double victimization as they have to testify once to the police and a second time in the court room. As such, victims are reminded of the violations and have to experi- ence them again and again. Finally, a large number of victims do not report to the police as they do not see themselves as victims. Despite unbearable living conditions, they have the impression that they are better off than their fellow countrymen at home. Thus, successful measures against trafficking need to have a domestic component in the countries of origin. Problems in identification and prosecution, however, also have a cross-border characteristic. While trafficking in human beings is a trans-state crime, cooperation efforts between source, 7 Trafficking in Human Beings transit and destination countries are very limited. Often, blame and responsibility is pushed to the other states involved so as to justify non-action. Exchange of information is limited and joint training as well as capacity-building workshops are the exceptions. Closer cooperation would enable better protection of the victims and the prosecution of syndicates operating from abroad. All these measures only tackle the symptoms of human trafficking. In order to stop the crime, it is essential to address the underlying reasons that make people vulnerable or drive them into the arms of traffickers. Possible reasons include poverty, disadvantages, lack of access to the labour market, debts and over-population. In particular, families from rural areas in less developed countries with many children view the sending abroad of children or relatives as an additional source of income. While it might be a voluntary move at the begin- ning, a large number of those migrants become victims of human trafficking due to false information provided to them, labour exploitation in the destination country or confiscation of documents. It is also important to note that most of these victims are not from the poorest people in their country as they have to pay high fees to the recruitment agencies and smug- glers. Another reason for leaving their country is the circle of debts. These can be debts from domestic investments or previous migration experiences. Despite often traumatic experiences abroad, these people see no other solution to pay their debts than to go abroad again, which thus makes them very vulnerable. People and children who are kidnapped in the first place are, of course, to be distinguished from those migrants who leave voluntarily. Solutions in fighting trafficking in human beings thus have to take a preventive and even pre-emptive approach that tackles the various stages. Awareness building for the local population is a key factor in preventing people from becoming victims of human trafficking. If people are aware of the procedures and risks, they will be able to identify critical situations. Protection of people in the source countries has to be improved. This includes protection of vulnerable people before they are trafficked, but also protection of returning migrants and victims from becoming victims again. In the identification and prosecution stage, training of law enforcement agencies is critical. Coordination among the various domestic units and cross-border exchange should be enhanced. Measures includes joint workshops, and shar- ing of open-source and intelligence data. Approaches have to prevent corruption among law enforcement officers and should exempt victims from charges for criminal acts com- mitted under duress. While the differentiation between human trafficking and smuggling of migrants is important, it sometimes hinders actions and is less applicable in reality as it slows down processes. It provides an excuse for states not to act and results in discussions on responsibilities while the crime continues. In order to tackle the different aspects of the crime, comprehensive approaches and policy coherence are essential. As long as laws against organized crime, irregular migration, forced labour, sexual exploitation and organ smuggling are not coordinated, legal grey areas will persist and make prosecution as well as conviction more difficult. As this book will show, Europe and Asia are closely linked on the issue of human traf- ficking. A large number of Asian nationals are being trafficked and smuggled to Europe to work in the sex industry, as berry pickers or in labour-intensive industries. In this context, 8 Preface closer cooperation between Europe and Asia is desirable. Besides the above-mentioned cross- border cooperation
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