DOCSLIB.ORG

Preventing Human Trafficking for the Purpose of Sexual Exploitation: the Need for a Bottom-Up Approach

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Preventing Human Trafficking for the Purpose of Sexual Exploitation: the Need for a Bottom-Up Approach View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by New University of Lisbon's Repository Preventing human trafficking for the purpose of sexual exploitation: the need for a bottom-up approach The case-study of Brazilians trafficked to Portugal Author: Francesca Vietti Supervisor: Professor Paula Escarameia Masters Thesis – Academic Year 2007/2008 - European Master’s Degree in Human Rights and Democratization (E.MA) European Inter-university Centre for Human Rights and Democratization (EIUC) Faculdade de Direito, Universidade Nova de Lisboa (UNL) Author’s contact: [email protected] 2 Thesis 2007/2008 Declaration against plagiarism1 Name of the student: Francesca Vietti Second semester host university: Universidade Nova de Lisboa Name of the supervisor: Professor Paula Escarameia Title of the E.MA thesis: Preventing human trafficking for the purpose of sexual exploitation: the need for a bottom-up approach The case-study of Brazilians trafficked to Portugal I certify that the attached is all my own work. I understand that I may be penalised if I use the words of others without acknowledgement. 1 Art. 5) The thesis shall consist of an academic piece of work, written individually and independently by the student. It shall be different from work previously undertaken by the student outside the framework of the E.MA Programme, e.g. in another Master’s programme. It may be written in English or French. 3 4 I would like to thank Prof. Paula Escarameia for her attentive supervision during the whole research. I am grateful to Professor Teresa Pizarro Beleza for her advice. I am extremely grateful to all the privileged informers I interviewed and I contacted as they provided me with ground-breaking information. Comparing my views with experts on the issue has been very challenging and inspiring. A special thanks goes to all those transnational communities’ members from different nationalities I got in touch with during these months in Lisbon and in other spatial and temporal contexts. Even if their names do not appear in the dissertation, it was an honour for me to get to know them as I had the opportunity to ‘go bottom’ and to put myself in someone else’s shoes. I would like to thank my family and my friends. In particular I am grateful to all the people I got to know in this year, both in Venice and in Lisbon. Commitment and dedication stem from the consciousness that too many individuals worldwide live in constant avoidable vulnerability and from the awareness that many people from different parts of the world share with me the conviction that ‘outro mundo é possível’. 5 6 Abstract Trafficked people experience multiple processes of avoidable human rights violation in countries of origin, transit and destination. In recent years, international, regional organizations and States, have adopted an anti- trafficking hard and soft law approach based on an ‘integrated perspective’ consistent with the ‘three P’s approach’, namely prosecution, protection and prevention. However, disposals concerning prevention, meant as human-centred public policies and targeted development cooperation initiatives aimed at reducing potential victims’ vulnerability in the countries of origin, are neither legally binding on States nor concretely translated into national anti-trafficking strategies, that keep being focused mainly on reactive and protective measures. These last sets of policies, although complementary, do not contribute to the eradication of potential victims’ vulnerability. A human rights-centred perspective entails going grassroots in order to identify the daily contextual threats that make individuals likely to believe in traffickers’ promises in order to escape to hopeless living conditions. In fact, a bottom-up approach implies investing resources to eradicate the root-causes at the basis of human trafficking that go beyond the mere presence of traffickers and lie in women’s socio-economic vulnerability. The case-study of Brazilians trafficked to Portugal for the purpose of sexual exploitation shows that human trafficking turns into the mean through which many Brazilian women attempt to escape everyday socio-economic vulnerability. For this very reason, it is argued that anti-trafficking policies, carried out also in cooperation with non-traditional bottom-up stakeholders, must reach potential victims of trafficking in their own daily context and provide them with viable alternatives in order to be effective and human. 7 8 TABLE OF CONTENTS List of Abbreviations...................................................................................................... 12 Introduction .................................................................................................................... 13 Chapter 1 INTERNATIONAL AND EUROPEAN HARD AND SOFT LAW INSTRUMENTS ON HUMAN TRAFFICKING: THE FOCUS ON PREVENTION 1.1 The definition of the conduct: the United Nations Protocol to prevent, suppress and punish trafficking in persons, especially women and children................................ 15 1.1.1 The dimension of prevention in the Palermo Protocol: from a comprehensive conceptualization towards States’ concrete obligations ......................................... 18 1.2 The United Nations Office of the High Commissioner for Human Rights ‘Principles and Guidelines on Trafficking in Human Beings’: An integrated human rights approach to prevention ......................................................................................... 21 1.3 The European Union hard law on human trafficking: the focus on prosecution. 24 1.3.1 An overview of the European Union soft law on prevention: possibilities for further development................................................................................................ 26 1.4 The Council of Europe Convention on Action against Trafficking in Human Beings: towards a potential genuine human rights approach to prevention................... 28 1.5 The Organization for Security and Cooperation in Europe and the fight against human trafficking ........................................................................................................... 31 Chapter 2 ERADICATING THE VULNERABILITY OF POTENTIAL VICTIMS OF TRAFFICKING: FROM TOP-DOWN TO BOTTOM-UP STRATEGIES 2.1. Victimizing the victims? A top-down approach in counter-trafficking ............... 33 2.1.1 Reactive top-down strategies......................................................................... 35 2.2 Towards the need for a bottom-up understanding of human trafficking............ 36 2.2.1 The changing nature of human trafficking, the consent of trafficked people and the abuse of a position of vulnerability............................................................ 37 2.3 Focusing on potential victims’ vulnerability...................................................... 40 2.3.1 Human trafficking as a manifestation of gender discrimination and gendered violence................................................................................................................... 42 2.3.2 Targeting the potential victims: acknowledging vulnerability as gendered. 44 2.3.3 Acknowledging access to human mobility as gendered................................ 45 2.4 Prevention strategies............................................................................................ 46 2.4.1 Awareness raising campaigns in the countries of origin ............................... 46 2.4.2 Critical views: sensitization campaigns as new strategy of delocalized top- down migration control .......................................................................................... 47 2.4.3 Awareness raising campaigns in the country of destination: addressing 9 the demand.............................................................................................................. 49 2.4.4 Eradicating potential victims’ vulnerability ................................................. 50 2.4.5 Bottom-up development: getting to the vulnerable. The need for human- centred public policies and development cooperation............................................ 51 Chapter 3 PORTUGAL’S PREVENTION STRATEGIES ON HUMAN TRAFFICKING FOR THE PURPOSE OF SEXUAL EXPLOITATION FROM BRAZIL: TOWARDS A BOTTOM-UP APPROACH? 3.1 Brazil as a country of origin. Individuals’ socio-economic vulnerability as the main cause of human trafficking .................................................................................... 53 3.1.1 The consent of trafficked people: perception among experts....................... 55 3.1.2 The exploitative scenario in Portugal ............................................................ 57 3.2 A brief overview of the Portuguese legislation on the issue: the dimension of repression and protection................................................................................................ 59 3.3 Victims-centred strategies and policies: the ‘First National Plan against Trafficking in Human Beings’........................................................................................ 61 3.3.1 To know and Spread Information.................................................................. 63 3.3.2 To Prevent, Raise Awareness and Train: the focus on the Portuguese context ……………………………………………………………………………...64 3.3.3 To Protect, Support and Integrate …………………………………………..65 3.3.4 To Criminally Investigate and Suppress........................................................ 65 3.4 Bilateral agreements: the Declaration of
Load more

Recommended publications
  • Summary Record of the 3080Th Meeting
    Document:- A/CN.4/3080 Summary record of the 3080th meeting Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 2011, vol. I Downloaded from the web site of the International Law Commission (http://legal.un.org/ilc/) Copyright © United Nations INTERNATIONAL LAW COMMISSION SUMMARY RECORDS OF THE FIRST PART OF THE SIXTY-THIRD SESSION Held at Geneva from 26 April to 3 June 2011 3080th MEETING session,1 a topical summary of which had been prepared by the secretariat and published in document A/CN.4/638. Tuesday, 26 April 2011, at 10.05 a.m. In order to enhance exchanges between the Commission and the Sixth Committee, delegations, encouraged by Outgoing Chairperson: Mr. Nugroho WISNUMURTI paragraph 12 of General Assembly resolution 59/313 of 12 September 2005, had made it their practice to Chairperson: Mr. Maurice KAMTO complement their discussions by holding a dialogue with some of the members and special rapporteurs of the Present: Mr. Al-Marri, Mr. Candioti, Mr. Comissário Commission who were present in New York. That dialogue Afonso, Mr. Dugard, Mr. Gaja, Mr. Galicki, Mr. Huang, had become an integral feature of International Law Week, Ms. Jacobsson, Mr. McRae, Mr. Melescanu, Mr. Murase, which had been established by the General Assembly in Mr. Niehaus, Mr. Nolte, Mr. Pellet, Mr. Perera, Mr. Petrič, its resolution 58/77 of 9 December 2003 and had focused Mr. Valencia-Ospina, Mr. Vázquez-Bermúdez, Mr. Wako, in 2010 on the topics of reservations to treaties, the effects Sir Michael Wood. of armed conflicts on treaties and on the future of the codification and progressive development of international law.
    [Show full text]
  • Introduction to Timor Loro Sae 500 Years (1999: 11-29)
    Introduction to Timor Loro Sae 500 Years (1999: 11-29) ...we have never been aware as we now are of how oddly hybrid historical and cultural experiences are, of how they partake of many often contradictory experiences and domains, cross national boundaries, defy the police action of simple dogma and loud patriotism. Far from being unitary or monolithic or autonomous things, cultures actually assume more ‘foreign elements, alterities, differences, than they consciously exclude (Edward Said 1994). Since the island of Timor was first visited by Portuguese navigators, a mere twenty or so years after Columbus crossed the Atlantic ocean in 1492, and within years of the passage of the first caravels through the Straits of Malacca, Portugal has been the dominant external influence, at least on the eastern part of the island. Equally, many Timorese share at least part Portuguese ancestry while many more have adopted the religion of their former colonizer. The exception to this fact of life was the brief but destructive occupation of Timor by Japan (and Australia) during the Pacific War, and the near-genocidal impact of the Indonesian military invasion and annexation of the half-island commencing in 1975-76. Even so, as continuing acts of resistance to this occupation reveal, the Timorese have not easily acquiesced in their dominance by outsiders, now or in the past. No less important, with the reversion of Macau to Chinese sovereignty in 1999, East Timor along with, perhaps, Western Sahara and New Caledonia remains the major case of unrequited decolonization left in the world. As a work of historical sociology, this book seeks to explain the world-historical incorporation of Timor over long time, especially between the poles of colonial domination on the one hand, and accommodation and resistance, on the other.
    [Show full text]
  • Legal Commentary to the ICJ Berlin Declaration Human Rights and Rule of Law Series: No
    Legal Commentary the ICJ Berlin to Declaration Terrorism is a serious threat to human rights. Yet global counter-terrorism measures have stretched to the limit, and broken, the most basic principles of the rule of law and interna- LEGAL COMMENTARY TO THE tional law, especially international human rights law and international humanitarian law. In the name of national security and the fight against terrorism, many governments try to justify the use of torture, enforced disappearance, secret detentions, extrajudicial execu- ICJ BERLIN DECLARATION tions and indiscriminate killing of civilians. The ICJ condemns terrorism and reaffirms that all states have an obligation to take effec- tive measures against acts of terrorism. However, from long experience, the ICJ sees no conflict between the international legal duty of states to protect people threatened by ter- COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW rorism and their responsibility to uphold the rule of law and human rights. On the contrary, both duties form part of a seamless web of protection incumbent upon States. Human rights law has been crafted by States and already gives governments a reasonable margin of flexibility to combat terrorism without contravening human rights and humanitarian legal obligations. In August 2004 the ICJ brought its network of jurists from around the world to Berlin, for the 2004 Biennial Conference. The meeting concluded with the 160 jurists adopting the ICJ Declaration on Upholding Human Rights and the Rule of Law in Combating Terrorism (Berlin Declaration). The 11 succinct principles of the Berlin Declaration set out the legal Law of Rights 1 Series: No.
    [Show full text]
  • United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
    United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court Rome, Italy 15 June - 17 July 1998 List of delegations Extract from Volume II of the Official Records of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Summary records of the plenary meetings and of the meetings of the Committee of the Whole) Copyright © United Nations List of delegations" I. Participating States Afghanistan Mr. Hassen Kerma, Counsellor, Permanent Mission, New York Representatives Ms. Hariba Yahia Cherif, Counsellor, Embassy to Italy H.E. Dr. A. Abdullah, Vice-Minister for Foreign Affairs (Head of Delegation) Andorra Mr. Mohammad Daud, Political Director, Ministry of Foreign Affairs Representatives Mr. Hamidullah Naser Zia, Minister Counsellor, H.E. Mr. Juli Minoves Triquell, Director, Cabinet of the Charge d'affaires, Embassy to Italy Minister for Foreign Affairs; Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the Dr. Yunus Bazel, Counsellor, Permanent Mission, United Nations (Head of Delegation) New York Ms. Jelena Pia-Comella, Minister Counsellor, Permanent Mission, New York Albania Representative Adviser H.E. Mr. Paskal Milo, Minister for Foreign Affairs Ms. Ester Peralba Garcia, Legal Adviser, Permanent (Head of Delegation) Mission, New York Alternate Representative Angola H.E. Mr. Pandeli Pasko, Ambassador Extraordinary and Representatives Plenipotentiary, Embassy to Italy H.E. Mr. Paulo Tchipilica, Minister for Justice (Head of Advisers Delegation) Mr. Qirjako Qirko, Head, Legal Department, Ministry of H.E. Mr. Joao Alves Monteiro, Deputy Minister for Justice Foreign Affairs H.E. Mr. Antero Alberto Ervedosa Abreu, Ambassador Ms. Venera Domi, First Secretary, Embassy to Italy to Italy Mr.
    [Show full text]
  • International Criminal Justice.Pdf
    INTERNATIONAL CRIMINAL JUSTICE a dialogue between two cultures Patrícia Galvão Teles Mateus Kowalski (eds.) Luís Moita Almiro Rodrigues Sofia Santos Miguel Santos Neves Maria Francisca Saraiva Miguel de Serpa Soares Title International Criminal Justice: a dialogue between two cultures Coordination Mateus Kowalski and Patrícia Galvão Teles Editor Universidade Autónoma de Lisboa and Observare Editorial Coordination Madalena Romão Mira Design Rita Romeiras Print Tipografia Lousanense ISBN 978-989-8191-73-1 e-ISBN 978-989-8191-79-3 Legal Deposit 424875/17 Note: This book is available in OBSERVARE site www.observare.autonoma.pt on the publications section. The translation of the articles was funded by national funds through FCT – Fundação para a Ciência e a Tecnologia – as part of OBSERVARE project with the reference UID/CPO/04155/2013, with the aim of publishing Janus.net. Translated by Thomas Rickard. © OBSERVARE and Universidade Autónoma de Lisboa KOWALSKI, MATEUS; TELES, PATRÍCIA GALVÃO (EDS.) (2017). INTERNATIONAL CRIMINAL JUSTICE: A DIALOGUE BETWEEN TWO CULTURES. Lisboa: Universidade Autónoma de Lisboa; OBSERVARE. I.Title. II. Mateus Kowalski. III. Patrícia Galvão Teles. IV. Miguel de Serpa Soares. V. Maria Francisca Saraiva. VI. Sofia Santos. VII. Almiro Rodrigues. VIII. Luís Moita. IX. Miguel Santos Neves. X. Patrícia Galvão Teles ISBN 978-989-8191-73-1 CDU 341.4 Index INTRODUCTION – INTERNATIONAL CRIMINAL JUSTICE: A DIALOGUE BETWEEN TWO CULTURES — Mateus Kowalski and Patrícia Galvão Teles 13 INTERNATIONAL CRIMINAL JUSTICE AND THE
    [Show full text]
  • Vol. 9, Nº 1 (May-October 2018)
    OBSERVARE Universidade Autónoma de Lisboa e-ISSN: 1647-7251 Vol. 9, Nº. 1 (May-October 2018) Vol. 9, nº 1 (May-October 2018) Articles Epistemological Challenges of Globalization to the Westphalian Thinking within International Relations - Boryana Aleksandrova – 1-14 Ideological production in the era of global media capitalism - Luísa Godinho - 15-37 The significance of Polanyi’s contribution: an interpretation of neoliberalization and commodification of nature - Giulia Iannuzzi – 38-52 Populism as a political phenomenon - Maria Sousa Galito – 53-69 On human rights – particularly crimes against Humanity - Daniela Martins – 70-87 Understanding Erdogan’s leadership in the «New Turkey» - Raquel dos Santos Fernandes, Isabel Estrada Carvalhais – 88-102 Evolution of Russian Foreign Policy and the Middle East - Henrique Alves Garcia – 103-121 Ensuring Penitentiary System Security: Prospects of Putting Foreign Experience to Use in Russia - Andrey Vasilievich Shcherbakov, Inna Borisovna Uskacheva, Maxim Nikolaevich Bogdanov, Olga Evgenievna Mikhailova, Sergey Alexeevich Shatov – 122-136 Quantitative determinants of the FARC-EP guerrilla violence in Colombia - Jerónimo Ríos, Camilo Vargas, Paula Bula, Amalia Novoa Hoyos – 137-154 Brazil: ladders and snakes - Clarisa Giaccaglia – 155-169 Notes The chinese diaspora: present and future in Portugal - Luís Pestana – 170-175 The construction of democracy in Cape Verde: from portuguese colonial conditionalism to international recognition - João Paulo Madeira, Bruno Carriço Reis – 176-191 OBSERVARE Universidade Autónoma de Lisboa e-ISSN: 1647-7251 Vol. 9, Nº. 1 (May-October 2018), pp. 1-14 EPISTEMOLOGICAL CHALLENGES OF GLOBALIZATION TO THE WESTPHALIAN THINKING WITHIN INTERNATIONAL RELATIONS Boryana Aleksandrova [email protected] PhD (University of Münster). Senior Assistant-Professor in International Relations, Sofia University “St.
    [Show full text]
  • Summary Record of the 3081St Meeting
    Document:- A/CN.4/3081 Summary record of the 3081st meeting Topic: <multiple topics> Extract from the Yearbook of the International Law Commission:- 2011, vol. I Downloaded from the web site of the International Law Commission (http://legal.un.org/ilc/) Copyright © United Nations 3081st meeting—27 April 2011 7 importance, would be completed during the current human rights, gender equality and humanitarian causes, quinquennium. He supported the proposal of the Special she had demonstrated her commitment to promoting Rapporteur and Mr. Nolte to keep draft article 1 as social justice. Among her many achievements in the it stood, in order to avoid reopening the debate on field of international law was the instrumental role she the responsibility of member States of international had played in the negotiation of the Rome Statute of the organizations. Mr. Nolte’s proposal regarding the International Criminal Court. definition of “organ” and “agent”, which provided useful clarification, deserved closer scrutiny. He approved 3. Mr. SABOIA said that among Ms. Escarameia’s many of the proposal to delete paragraphs 2 and 3 from draft fine qualities had been her deep knowledge of international article 16 in view of the particularly sharp criticism which law, her dedication to the Commission’s work and her paragraph 2 had elicited from international organizations. combative spirit, which had been tempered by a sense of humour. She had shown a strong interest in environmental Organization of the work of the session (continued) issues and a genuine enthusiasm for bringing young people along in the study of international law. [Agenda item 1] 4.
    [Show full text]