SEX, SLAVERY AND THE TRAFFICKED WOMAN About the Author A human rights lawyer and activist, Ramona Vijeyarasa is the Senior Programme Manager for Women’s Rights at ActionAid International. ramona’s career spans corporate law, human rights based non-governmental organisations as well as international organisations, including the Center for Reproductive Rights (New York) and the International Center for Transitional Justice (New York) and the International Organisation for Migration (Hanoi and Kiev). Ramona holds a PhD from the School of Social Sciences at the University of New South Wales (UNSW) in Sydney. She has published extensively in the fields of gender, law and human rights, including in edited volumes, leading international journals and online. Ramona Vijeyarasa challenges us in every page of her book, deconstructing the system of ‘myths, lies and stereotypes’ around so called ‘modern slavery’ with strong evidence and sound field research undertaken in three countries. She emerges with an approach that combines feminist activism and research with patience and determination that dismantles preconceived ideas one by one. A fascinating and adventurous journey, and occasionally an uncomfortable one. Vijeyarasa provides us with a solid, truthful and evidence-based view into the lives of real men and women who are the protagonists of their own stories, and whom you will never again call victims. Elena Ferreras Carreras, Senior Gender Adviser, EBRD All readers, whatever their views, will find much to stimulate their thinking in this book. Its breadth and scope, the comparative analysis of the multi-regional data, and the challenging nature of the argument will provoke thought on how we better understand migration and trafficking. Elizabeth Broderick, Australian Human Rights Commission, Australia Gender in a Global/Local World Series Editors: Jane Parpart, Pauline Gardiner Barber and Marianne H. Marchand Gender in a Global/Local World critically explores the uneven and often contradictory ways in which global processes and local identities come together. Much has been and is being written about globalization and responses to it but rarely from a critical, historical, gendered perspective. Yet, these processes are profoundly gendered albeit in different ways in particular contexts and times. The changes in social, cultural, economic and political institutions and practices alter the conditions under which women and men make and remake their lives. New spaces have been created – economic, political, social – and previously silent voices are being heard. North-South dichotomies are being undermined as increasing numbers of people and communities are exposed to international processes through migration, travel, and communication, even as marginalization and poverty intensify for many in all parts of the world. The series features monographs and collections which explore the tensions in a “global/local world,” and includes contributions from all disciplines in recognition that no single approach can capture these complex processes. Previous titles are listed at the back of the book Sex, Slavery and the Trafficked Woman Myths and Misconceptions about Trafficking and its Victims RAMONA VIJEYARASA University of New South Wales, Australia First published 2015 by Ashgate Publishing Published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 Third Avenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © Ramona Vijeyarasa 2015 Ramona Vijeyarasa has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. 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 and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library The Library of Congress has cataloged the printed edition as follows: Vijeyarasa, Ramona. Sex, slavery and the trafficked woman : myths and misconceptions about trafficking and its victims / by Ramona Vijeyarasa. pages cm. – (Gender in a global/local world) Includes bibliographical references and index. ISBN 978-1-4724-4609-1 (hardback) 1. Human trafficking. 2. Prostitution. 3. Women–Crimes against. I. Title. HQ281.V55 2015 306.3’62–dc23 2014046515 ISBN: 9781472446091 (hbk) ISBN: 9781315608501 (ebk) To José-Miguel and Matilda Noa This page has been left blank intentionally Contents List of Figures, Maps and Tables xi Acknowledgements xiii Preface xv Series Preface by Jane L. Parpart, Pauline Gardiner Barber and Marianne Marchand xix PART I: SETTING THE SCENE: TRAFFICKING MYTHS AND MISCONCEPTIONS IN CONTEXT 1 Introduction to Trafficking and the Mainstream Trafficking Framework 3 Human Trafficking: Concepts and Realities 4 The Myths and Misconceptions Challenged in this Book 9 Analysing Trafficking Through the Lens of Autonomy, Agency and Causality 13 Structure of this Book 17 The Way Forward 18 2 The Main Agendas and Those Behind Them 19 Academic Discourse: Feminist Debates on Sex Work and Trafficking 21 Government Agendas: Controlling Sex Work and Migration Using Anti-Trafficking Policies 25 The Influence of the UN, Inter-Governmental and Non-Governmental Organisations and Donors 28 The Rescue Industry 31 The Media 34 Victim Self-Imagery: The Good Woman, Innocent Victim and Inviolable Man 36 Conclusion 39 3 Legislative Approaches to Trafficking: The Role of the Law in Challenging or Reinforcing Myths and Misconceptions 41 The Trafficking Protocol and its Problematic Definition of Trafficking 42 Other International and Regional Legal Instruments 46 viii Sex, Slavery and the Trafficked Woman Regulating Trafficking, Sex Work and Migration at the National Level 57 Conclusion 64 PART II: DISPELLING THE MYTHS AND MISCONCEPTIONS 4 The Coerced Victim of Trafficking 69 Dispelling the Coerced Victim Archetype: Kidnapping, Abduction and the Deception of Victims 72 The ‘Voluntary Victim’: Refining our Understanding of Human Trafficking 84 Conclusion 96 5 The Uneducated Victim of Trafficking 97 The Archetypal Uneducated Victim and its Origins 98 Contesting the Uneducated Victim Archetype 101 Does Education Impact Trafficking in Other Ways? 105 Other Variables in the Education Systems 109 Conclusion 112 6 The Poor Victim of Trafficking 115 Defining Absolute Poverty’s Relationship with Trafficking 118 Relative Poverty and Human Trafficking 122 Conclusion 131 7 The Female Victim of Trafficking 133 ‘Gender’ Inequality and the Traffic of Women and Girls 135 Human Trafficking and Male Victims 144 The Gendered Nature of Exploitation 149 The Sex of Traffickers 154 The Gendered Nature of Stigma 156 Conclusion 160 PART III: AN ALTERNATIVE APPROACH TO TRAFFICKING 8 The Shortcomings of a Criminal Justice Focus 165 The Criminal Underworld of Sex and Exploitation 166 Elements of the Crime 167 Conclusion 173 Contents ix 9 The ‘Voluntary’ Victim, Unmet Expectations and Contractual and Labour Rights Redress 175 Turning to Principles from Contract Law: Unmet Expectations, Deception and Redress 176 Legitimate and Non-Legitimate Expectations 178 Labour Laws: Exploitation and Regulating Conditions of Work 179 Conclusion 181 Conclusion: Towards a More Inclusive, Victim-Centred Framework 183 The Voluntary Victim of Trafficking 184 A New Victim Profile 185 Other Potential Drivers Beyond the Scope of this Book 188 Rising Above Individual Agendas 189 Final Remarks: Trafficking as Failed Migration 190 Annex 1: Questionnaire 193 Annex 2: Overview of data collected from Ukraine, Vietnam and Ghana 201 Bibliography 207 Legislation, Case Law, Resolutions and Policy Documents 207 Government Reports and Policy Statements 210 Sources from the United Nations System 212 International Organisation and Non-Governmental Organisation (NGO) Sources 216 Journals, Books and Other Sources 222 News Articles and Opinion Pieces 252 Index 255 This page has been left blank intentionally List of Figures, Maps and Tables Figures 5.1 Observations on relationship between education and trafficking in Ukraine 104 7.1 Type of work engaged in overseas 151 Maps A2.1 Map of Ukraine highlighting the location of the IOM Rehabilitation Centre Kyiv and NGOs participating in quantitative data collection 202 A2.2 Map of Ukraine marking locations of face-to-face and email key informant interviews 202 A2.3 Location of the Centre for Women and Development (CWD), Hanoi 203 A2.4 Map of Vietnam marking locations of key informant interviews 204 A2.5 Map of Ghana, marking the capital Accra, location of key informant interviews, as well as Lake Volta, the most commonly documented site of internal trafficking of children into the fishing industry 205 Tables 4.1 Number of people aware about the respondent’s decision to leave Ukraine 85 4.2 People involved in arranging the departure of the respondent from Ukraine 86 5.1 Age up to which the respondents attended school 101 xii Sex, Slavery and the Trafficked Woman 6.1 Household structure of questionnaire respondents 121 6.2 Portion of respondents not earning an income prior to departing Ukraine who left during or immediately after school, college