Modern Slavery and Human Trafficking by Ronald Weitzer
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4 Modern slavery and human trafficking by Ronald Weitzer Children fetch water from the bottom of a 25-foot well. At the surface, they use the water to pan for gold. (LARRY C. PRICE/PULITZER CENTER ON CRISIS REPORTING) uman trafficking and modern slavery have become Definitions major public issues over the past two decades. Al- Definitional problems plague discussions of trafficking and most every nation has enacted laws criminalizing modern slavery. Among the issues are whether a person’s Hhuman trafficking, and international organizations, govern- consent is relevant; whether slavery is distinct from or over- ments, and NGOs sponsor a large variety of projects to curb laps with human trafficking; the meaning of “exploitation”; trafficking and slavery. Billions of dollars have been allocat- ed to these efforts. Between fiscal years 2001 and 2010, for example, the U.S. government spent more than $1.45 billion RONALD WEITZER is a professor of sociology at George on domestic and international antitrafficking programs, and Washington University. He has researched domestic policies the funds allocated for FY2019–FY2021 total $430 million. regarding sex trafficking in the United States and in 2014 co- Expenditures by other governments and by international edited a special issue on human trafficking for The Annals of the American Academy of Political and Social Science. organizations have been substantial as well. 41 4 GREAT DECISIONS 2020 and whether bonded labor and coerced taining” of (1) an adult for purposes Modern slavery is not defined in marriage qualify as slavery. of labor or sexual commerce through U.S. or international law, and the lack One of the biggest problems is the means of “force, fraud, or coercion,” of a universal standard means that the lack of clarity and consensus on the (2) a person under age 18 for labor via term is used inconsistently. The League very definition of human trafficking, “force, fraud, or coercion,” and (3) a of Nations’ 1926 Slavery Convention as well as the troubling conflation of minor for commercial sex acts irrespec- defined slavery as “the status or con- trafficking and slavery. The U.S. Con- tive of whether coercion or deception dition of a person over whom any or gress and government agencies and are involved. In other words, to qual- all of the power attaching to the right leading international organizations ify as trafficking some kind of abuse of ownership are exercised.” Today, increasingly use the terms “traffick- is central for adults and for minors in- owning another person is not included ing” and “slavery” interchangeably. volved in non-sexual labor, but is not a in definitions of slavery, because legal And a few governments equate traf- requirement for minors involved in the ownership is now outlawed through- ficking with unauthorized, assisted sex trade. Adults who willingly engage out the world. Instead, slavery is now migration regardless of whether the in commercial sex are not trafficking considered a regime of maximum eco- individual consented or sought out victims under TVPA. nomic exploitation, social isolation, such assistance. Some governments The premier international traffick- and total coercive control over the mix human smuggling and trafficking ing convention, the U.N.’s Palermo workers. Some analysts use the term in their official figures or in law. In Protocol (2000), likewise centers on slavery-like conditions to describe cir- Brazil, for example, sex trafficking is coercion and deception but is broader cumstances that are less onerous and legally defined as “promoting, inter- than TVPA in prohibiting “the abuse of comprehensive than outright slavery. mediating, or facilitating the entry of power or of a position of vulnerability These conditions include confiscation women who practice prostitution into or of the giving or receiving of pay- of legal documents, restrictions on national territory or the exit of wom- ments or benefits to achieve the consent one’s freedom, harsh working condi- en who practice prostitution abroad.” of a person having control over another tions, meager pay, and debt that mush- As the U.S. State Department points person, for the purpose of exploita- rooms over time. out, “These statutes encompass activ- tion.” Remarkably, core indicators— Although TVPA contains language ity that does not constitute trafficking “exploitation,” “abuse of power,” portraying trafficking as a “manifesta- . such as consensual smuggling or “benefits,” “control,” and “vulner- tion of slavery,” U.S. government re- movement for the purpose of prosti- ability”—are left undefined. Vulner- ports and official pronouncements in tution.” ability may include risk factors such the 2000s focused on trafficking per Most governments distinguish be- as being poor, unemployed, indebted, se or distinguished it from slavery. By tween human smuggling (where a fa- drug dependent, a minor, or an illegal 2012, however, the State Department cilitator helps a person illegally cross immigrant, but it is imperative that had begun equating trafficking with a national border and where the two such key terms be precisely defined in slavery, forced labor, and bonded labor parties have relatively brief contact) a legal instrument of such international – resulting in a huge spike in the alleged and trafficking (where at least some importance. The Palermo Protocol is number of trafficking victims (27 mil- deception or coercion is involved in the model for some nations’ domestic lion in 2012). The growing conflation recruitment or transit and where the trafficking laws, but states have found of distinct problems has been driven by victim may have protracted ties to the it harder to implement than the more activists’ interest in drawing greater at- trafficker). The two types may overlap, precise TVPA. tention to the problem. such as when a person first enters into Although the term “trafficking” sug- To simplify matters, it seems prudent a voluntary agreement with a smuggler gests movement from one place to an- to treat human trafficking as acts of co- but later experiences abuse from that other, relocation is not required by law. ercion or deception occurring at the handler or a third party – thus qualify- Both the Palermo Protocol and TVPA recruitment or transit stage, and slav- ing as trafficking. include in the definition recruitment, ery as forced labor and comprehensive In the United States the 2000 Traf- receipt, or harboring of persons, any control of a person inside and outside of ficking Victims Protection Act (TVPA) one of which qualifies as trafficking the work setting. As other experts have criminalizes the “recruitment, harbor- provided that other conditions (coer- noted, trafficking is aprocess of recruit- ing, transportation, provision, or ob- cion, deception, exploitation) are met, ment into a labor arena and slavery is a regardless of whether geographical potential outcome of trafficking. Bond- Before you read, download the companion movement occurred. Many victims are ed labor – when a person incurs a debt Glossary that includes definitions, a guide recruited and put to work locally, and with a middleman or employer in return ! to acronyms and abbreviations used in the “harboring” consists of maintaining or for a job opportunity – is included under article, and other material. Go to www. housing a person in compelled work. slave-like conditions only if it involves fpa.org/great_decisions and select a Human trafficking does not require at least some coercion, deception, eco- topic in the Resources section. (Top Right) travel. nomic exploitation, or other abuse. 42 HUMAN TRAFFICKING 4 How many victims? stimates of the number of victims of assuming that all forced marriages services. IOM’s interviews with about worldwide vary widely and have qualify as slavery, it is important, as the 100,000 such individuals over the past changedE radically over time. In 2000, State Department points out, to exam- 20 years can be used by authorities to TVPA declared that “at least 700,000” ine specific cases and “look particularly target the main “hot spots” where they persons were trafficked into slavery at the terms of the marriage and the pos- are recruited and enslaved. annually worldwide. For several years sible conditions of exploitation encoun- There are international figures on thereafter, the State Department’s Traf- tered afterward.” certified victims: i.e., those officially ficking in Persons Reports put the total The shifting worldwide numbers confirmed as victims by government at 600,000–800,000. In 2012, however, mentioned above are troubling in their authorities. However, as the table on the figure skyrocketed to 27 million, own right, raising questions about at- the next page shows, the two leading comparable to the Global Slavery In- tempts to quantify globally a prob- sources differ substantially: the number dex’s (GSI) figure of 29.8 million in lem that is largely hidden from view. of confirmed victims in one source is 2013. GSI’s total ballooned to 45.8 mil- While the State Department asserted in double or triple that of the other source! lion in 2016, but two years later was cut 2010 that 0.18% of the world’s popu- It is not known which is more reliable, to 40.3 million. GSI explains both the lation had been trafficked, the agency but both show that the number of of- 2013-2016 increase and the 2016-2018 no longer provides national or global ficially-identified victims is but a tiny decrease as a result of changes in the prevalence figures in its annual reports, fraction of the alleged millions of un- methodology it uses to arrive at esti- now using the default term “millions” detected victims worldwide. Either the mates. Regarding the overall increase instead. Some leading analysts argue latter claim is grossly exaggerated or from 2013 to 2018, GSI cautions that that we should dispense entirely with detection efforts have been immensely “we are not asserting that modern slav- expensive big-data projects (like GSI’s) unsuccessful, or both.