ANTI-TRAFFICKING REVIEW Issue 4, April 2015 ISSN: 2286-7511 EISSN: 2287-0113 Issue 4, April 2015Issue 4, Protocol Trafficking ofthe UN Years Fifteen Special Issue—Fifteen Years of the UN Trafficking Protocol Editorial: Looking Back, Looking Forward: The UN Trafficking Protocol The Anti-Trafficking Review promotes a human rights-based at fifteen approach to anti-trafficking. It explores trafficking in its Two Cheers for the Trafficking Protocol broader context including gender analyses and intersections with labour and migrant rights. It offers an outlet and space Protocol at the Crossroads: Rethinking anti-trafficking law from an Indian for dialogue between academics, practitioners, trafficked labour law perspective persons and advocates seeking to communicate new ideas Purity, Victimhood and Agency: Fifteen years of the UN Trafficking and findings to those working for and with trafficked persons. Protocol Was Trafficking in Persons Really Criminalised? Re-evaluating Palermo: The case of Burmese women as Chinese brides Trafficking in Persons for Ransom and the Need to Expand the Interpretation of Article 3 of the UN Trafficking Protocol Debate: ‘The Trafficking Protocol has advanced the global movement against human exploitation.’ Achievements of the Trafficking Protocol: Perspectives from the former UN Special Rapporteur on Trafficking in Persons The Trafficking Protocol has Advanced the Global Movement against Human Exploitation: The case of the United Kingdom From Palermo to the Streets of Oslo: Pros and cons of the trafficking framework Trafficking as a Floating Signifier: The view from Brazil The Trafficking Protocol and the Anti-Trafficking Framework: Global Alliance Against Traffic in Women Insufficient to address exploitation www.antitraffickingreview.org Interview: Human Trafficking in Brazil: Between crime-based and human rights-based governance anti trafficking ANTI-TRAFFICKING REVIEW review Guidelines for Contributors GUEST EDITOR JACQUELINE BHABHA We welcome submissions from a diverse range of actors, including academics, practitioners, trafficked persons and advocates. The EDITOR REBECCA NAPIER-MOORE Anti-Trafficking Review particularly welcomes contributions from those with direct experiences and insights to share. ASSOCIATE EDITOR JASMIN QURESHI The Anti-Trafficking Review is aimed at a wide readership. It therefore encourages submissions that are in clear, jargon-free EDITORIAL BOARD RUTVICA ANDRIJASEVIC, University of Leicester, UK English with appropriate but not excessive citation. MARLA ASIS, Scalabrini Research Center, The Philippines JACQUELINE BHABHA, Harvard Law School, USA XIANG BIAO, Oxford University, UK Articles should be previously unpublished and should not be under LUCIANA CAMPELLO, Independent consultant, Brazil consideration for publication elsewhere. All articles go through a MIKE DOTTRIDGE, Independent consultant, UK rigorous double-blind peer review process. JOY NGOZI EZEILO, Former UN Special Rapporteur on Trafficking, Nigeria ANNE GALLAGHER, Independent scholar and legal advisor, Australia Please refer to the journal’s website (www.antitraffickingreview.org) JOHN GEE, Transient Workers Count Too, Singapore SUZANNE HOFF, La Strada International, The Netherlands for the journal’s full style guide and guidelines for contributors. KRISTIINA KANGASPUNTA, United Nations Office on Drugs and Crime, Austria KAMALA KEMPADOO, York University, Canada SVERRE MOLLAND, The Australian National University, Australia MARINA NOVAES, Centro de Apoio ao Migrante de So Paulo, Brazil PIA OBEROI, Office of the High Commissioner for Human Rights, Switzerland JULIA O’CONNELL DAVIDSON, University of Nottingham, UK ELAINE PEARSON, Human Rights Watch, USA NICOLA PIPER, University of Sydney, Australia NIVEDITA PRASAD, Alice Salomon University of Applied Sciences, Germany CAROLINE ROBINSON, Focus on Labour Exploitation, UK JYOTI SANGHERA, Office of the High Commissioner for Human Rights, Switzerland MARIE SEGRAVE, Monash University, Australia DARSHAN VIGNESWARAN, University of Amsterdam, The Netherlands; African Centre for Migration and Society, South Africa SALLIE YEA, Nanyang Technological University, Singapore CATHY ZIMMERMAN, London School of Hygiene and Tropical Medicine, UK The Anti-Trafficking Review is an open access publication distributed under the terms of the Creative Commons Attribution License (CC-BY). GLOBAL ALLIANCE AGAINST TRAFFIC IN WOMEN The Anti-Trafficking Review promotes the sharing of information, and P.O. Box 36, Bangkok Noi Post Office we therefore encourage the reproduction and onward dissemination 10700 Bangkok, Thailand of articles published with us. Website: www.antitraffickingreview.org ANTI-TRAFFICKING REVIEW Special Issue FIFTEEN YEARS OF THE UN TRAFFICKING PROTOCOL Issue 4 April 2015 The Anti-Trafficking Review (ISSN 2286-7511) is published by the Global Alliance Against Traffic in Women (GAATW), a network of over 100 NGOs worldwide focused on advancing the human rights of migrants and trafficked persons. The Anti-Trafficking Review promotes a human rights-based approach to anti-trafficking. It explores trafficking in its broader context including gender analyses and intersections with labour and migrant rights. It offers an outlet and space for dialogue between academics, practitioners, trafficked persons and advocates seeking to communicate new ideas and findings to those working for and with trafficked persons. The Review is primarily an e-journal, published annually. The journal presents rigorously considered, peer-reviewed material in clear English. Each issue relates to an emerging or overlooked theme in the field of anti-trafficking. Articles contained in the Review represent the views of the respective authors and not necessarily those of the editors, the Editorial Board, the GAATW network or its members. The editorial team reserves the right to edit all articles before publication. 1st Page (befor no.1).pmd 1 27/4/2559, 15:37 1st Page (befor no.1).pmd 2 26/4/2559, 21:00 ANTI-TRAFFICKING REVIEW Issue 4, April 2015 Thematic Articles: Fifteen Years of the UN Trafficking Protocol Editorial 3 Looking Back, Looking Forward: The UN Trafficking Protocol at fifteen Jacqueline Bhabha 14 Two Cheers for the Trafficking Protocol Anne T Gallagher 33 Protocol at the Crossroads: Rethinking anti-trafficking law from an Indian labour law perspective Prabha Kotiswaran 56 Purity, Victimhood and Agency: Fifteen years of the UN Trafficking Protocol Marjan Wijers 80 Was Trafficking in Persons Really Criminalised? Kristiina Kangaspunta 98 Re-evaluating Palermo: The case of Burmese women as Chinese brides Laura K Hackney 120 Trafficking in Persons for Ransom and the Need to Expand the Interpretation of Article 3 of the UN Trafficking Protocol Mogos O Brhane 1 Contents ATR #4 -- 2015-06 Proof2-Alfie Final.pmd1 27/4/2559, 11:02 ANTI-TRAFFICKING REVIEW 4 (2015): 167—172 Debate: ‘The Trafficking Protocol has advanced the global movement against human exploitation.’ 144 Achievements of the Trafficking Protocol: Perspectives from the former UN Special Rapporteur on Trafficking in Persons Joy N Ezeilo 150 The Trafficking Protocol has Advanced the Global Movement against Human Exploitation: The case of the United Kingdom Caroline Parkes 156 From Palermo to the Streets of Oslo: Pros and cons of the trafficking framework Synn ve kland Jahnsen and May-Len Skilbrei 161 Trafficking as a Floating Signifier: The view from Brazil Grupo Davida 167 The Trafficking Protocol and the Anti-Trafficking Framework: Insufficient to address exploitation Kathryn Baer Interview 174 Human Trafficking in Brazil: Between crime-based and human rights-based governance Ela Wiecko V. de Castilho 2 ATR #4 -- 2015-06 Proof2-Alfie Final.pmd2 27/4/2559, 11:02 J Bhabha Looking Back, Looking Forward: The UN Trafficking Protocol at fifteen Jacqueline Bhabha Keywords: Trafficking Protocol, Palermo Protocol, trafficking, human trafficking Please cite this article as: J Bhabha, ‘Looking Back, Looking Forward: The UN Trafficking Protocol at fifteen’, Anti-Trafficking Review, issue 4, 2015, pp. 3—12, www.antitraffickingreview.org Anniversaries provide a pretext for reflection—celebration for national independence days, mourning for war-time massacres. For political reforms and legal innovations, anniversaries warrant a different set of reflections: less predictable or uniform, more sober stock taking and weighing of achievements and failures than affirmation of unequivocal success or defeat. This fourth special issue of the Anti-Trafficking Review embraces the occasion of the fifteenth anniversary of the 2000 United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (hereafter Trafficking Protocol), and evaluates the impact of this landmark instrument of international law on the grave social, political and economic problems it targets. Among the many and varied constituencies concerned with issues of trafficking, from government bodies to international advocacy groups to sex worker collectives, the Trafficking Protocol has attracted considerable attention. It has been widely ratified, its definition of trafficking has been extensively invoked, its criminalisation mandates have been aggressively followed, its victim protection measures have been enthusiastically cited. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC-BY). Under CC-BY license, the public is free to share, adapt, and make commercial use of the work. Users must always