Saturday, September 21, 2019
Trafficking Of African Women and Girls Essay Example for Free
Trafficking Of African Women and Girls Essay Part 1: Problem: Human trafficking tarnishes the global scene today, as slavery used to decades ago. The women and girls are vulnerable to exploitation within the country as well as out of the country. The trafficking of women and girls for prostitution is a big business. The horrific experiences of migrant women and girls, who have very little choice or control over their lives is a sad tale. Women are made to work in extremely exploitive conditions of sexual exploitation, forced to risky practices, high levels of exposure to HIV, threat, violence and even murder. The trafficking of women is th third largest profit making business which runs in the form of organized crime. It is just little behind the practices in the field of drug deals and arms deals. Human trafficking denotes business with human souls and spirit, which is inhuman. Africa needs to establish stronger laws against trafficking of women and girls, supported by Commonwealth, Amnesty International, Human Rights and other world forums. International Law under the rules defined by human rights with the support of United Nations, needs to play a very proactive role in safeguarding and protecting the victims who have been subjected to trafficking. The doctrine of International law needs to be more defined to help and support individual within the state rather than the protection of the state alone. In the past ââ¬Å"International Law was notorious for the ease with which it sanctioned violence against non-western peopleâ⬠(Bal Krishnan Rajagopal, 2003.p.11) in the colonial set-up. The advocates of International Law should avoid the previous path of resistance to interfere in the issues related to domestic events and violence. Rather it should actively get involved to address such issues and help the government and the local bodies take effective steps to control such problem. The law enforcement authorities need to put together an effective plan to ensure safety and forced exploitation. The cross border laws need to get tighter so that loopholes may not be wrongfully used by people to migrate across borders illegally for better prospects and then being exploited to prostitution and forced labor. The universal definition of trafficking as formulated by Human Rights can be briefed in this summary and statement. It defines trafficking in persons as the employment, carrying, transfer, possession or delivery of persons, by the use of intimidation or compulsion in which some kind of kidnapping, cheating, deceit, oppression and exploitation is used. It further states that any exchange (giving or receiving) of expenses in the form of payment or profit to induce a person to give consent in the situation when a person is having control over the other person, for the deceptive purpose of exploitation ( even if the person has given consent) comes under the practice of trafficking. Exploitation has been further expanded to define exploitation for the purpose of prostitution which means sexual exploitation in various models. It also includes forced labor of services, slavery or practices similar to slavery in some form of servitude. This definition has been formulated as the draft of the international definition of trafficking so that there is universal understanding with clear guidelines which can help identify the problem of trafficking in different regions and different communities. This can help prevent, stop and punish the trafficking persons especially women and children, supplementing the United Nations Convention Against Transnational Organized Crime. (Raymond and Hughes, 2001) The international recognition of a common definition would help come to uniform legal action taken against the perpetrators so that effective law and enforcement can be executed. Some of the key questions which have been addressed are who are trafficked for the purpose of sexual exploitation whether it is across borders or within countries, with or without their consent, through force, fraud, deception or abuse of the victim who is vulnerable. Human trafficking is what leads to prostitution, so any measures taken to make anti-trafficking policies should take into consideration the issue of organized prostitution and domestic trafficking. Human Rights legislation against trafficking must apply to the international as well as domestic women across the platform. (Raymond and Hughes, 2001) Human trafficking is one of the most inhuman and harsh crimes which give rise to innumerable victims, mostly young women and girls, who are forced into prostitution or forced labor. They have to live their everyday life under threat, violence and captivity with no hope and no direction as to where there life will lead. This is a life worst than an animal. Most of the exploiters are men or sometimes women who have been through such abuse themselves. Mostly this results from a rosy dream to have a better life, a financial burden, acute poverty and abuse. Human trafficking is mostly an underground activity involved in providing sexual services to legitimate clubs, brothels and agencies. The most unique aspect of this type of trade is that in this case a human body is traded instead of commodity. (2006) Part 2 International Law:Migration It is very urgent to recognize that women rights should be applied universally to grant women equality, security, liberty, integrity and dignity like all other deserving human beings. These rights and principles are enshrined in international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1993). This resolution will strengthen the process to address that violence against women is an obstacle in achieving equality, development and peace, so serious strategies need to be implemented to fight violence and abuse and exploitation against women. Most of the women who entered United States came on tourist visas and overstayed their visas. Sometimes they would use fraudulent travel documents. Some of the legal means by which they entered United States were on spousal visas, student visa, and work permit and on rare occasion with an immigration green card. These variety of different ways in which a person can enter another country, are major loopholes which are used by the traffickers to be successful in their mission. It requires more strict check on the part of the law enforcement and immigration officials. The success of the trafficker is often supported by the network of the local legitimate businesses such as hotels, bars, travel agencies which flourish as the result pf cooperation and corruption of the immigration and law enforcement agents worldwide (Raymond and Hughes, 2001). Trafficking flourishes for the major part because the victims want to migrate to a particular country other than their own for innumerable reasons. This requires cooperation and great deal of border crossing from one country to another. It is greatly affected by the demand and the supply, as determined by the current wave. The demand and the supply aspect of human commodity has not always been the same. Over last twenty years four waves have been seen to influence the migrants heading to Europe. The first wave was characterized by women from Far East, especially from the Philippines and Thailand, this was immediately followed by the second wave of women originating from Latin America, the Dominican Republic and Colombia, the third wave consisted of women from Africa, and in particular Ghana and Nigeria followed in nineties by women from Ukraine and Moldova. (2006). Most of the trafficking groups have networks which are of a multinational and multi-ethnical nature; this makes the cross-border operation an easy route for vast majority of trafficking cases. Most of the people who are involved in this discreet business and perpetrate trafficking are restricted to the confines of the geographical boundaries of the country or the countries where the victims are recruited, the countries where they are transported and finally the countries where they are ultimately and eventually exploited. Very few traffickers have moved up to the level of international scale of operation and network, where they recruit and transport to different countries. Some of the names which crop up significantly in this field are the Albanian traffickers, the Nigerian traffickers and the Turkish traffickers (2006) The general studies in organized crime reveal that women are not very involved in the crime activities, but in the world of human trafficking which is dominated by male, women play the roles of the accomplices in three different ways: they are the recruiters, sometimes former victim becomes offenders and in case of Nigerian groups: women play very important role in trafficking as a culturally embedded involvement. The strategy used by the trafficking organizations is to deploy women as the recruiter to help them get the first initial contact, which can further be manipulated to overcome the initial suspicion of the victim. Thus women play the safe role to entice, comfort and then exploit the other women. Several reports mention that women are used as a trap by showing off their wealth and social status, to get the younger women to aspire and aim for the same glitter and shine, leading to the path of darkness and dungeon. In Nigeria these women perpetrators play a very important role and are referred to as Madame. These Madameââ¬â¢s are former victims and they work as intermediary between the prostitutes and the traffickers. Nigeria plays a very significant role in the organized trafficking specially in the European countries. The study done by the Nigerian Ploice Force and the Women Trafficking and Child Labor Eradication Foundation (WOTCLEF) has come up with the estimate that the number of women who are trafficked out of the country shows sharp increase in the numbers from 1126 in 1999 to 5000 in the year 2001. Nigerian women constitute to about 80% of the workers in the sex industry of Italy. Some of the other European countries which are common destinations for these women are Spain, Netherlands, Germany, Belgium, Austria and the United Kingdom. The destinations vary in their acceptance and legal privileges. Italy is the only European country where majority of legally resident Nigerians are women. (2006). There is a clear connection between the trafficking and its roots in Nigeria, this is directly related to high level of corruption in both public and private sectors. The trafficking is a self propelling vicious cycle, which moves on from victims becoming trafficker. It always begins with a pact, which keeps on increasing with penalties and punishments, and the best option to clear the debt is to continue to work for freedom and eventually become a Madame. In Nigeria traffickers do not always have to recruit victims; many times victims come to them. It is a very open trafficking market, where many times girls are put under pressure by the family to get involved with trafficking. . ââ¬Å"In Nigeria the ââ¬Ëclassy ladyââ¬â¢ is called the Italo: women who return to Nigeria after a couple of years of prostitution in Italyâ⬠. (2006). International Law needs to play a dynamic role in the internal momentum to curb corruption and support international institutions to take active role in creating awareness and safeguarding the rights of its women and girls. There are several push and pull factor of economic, political and social nature which encourages the victim, to fall prey to the trafficker. The victims are vulnerable and dependent on the trafficker for they are involved in a business which is illegal and ill-reputed. It is a very complex regulation issue for the law enforcement authorities to control and regulate the complex nature of human trafficking. The migrant women and girls have very limited choice or control over their lives. In this new era of globalization, these women and girls are the new slaves of the contemporary era. The attractiveness of this industry on the international level as an organized crime network is estimated at $7 billion USD. The monetary return keeps the practice alive and creeping at a very high rate. A trafficker can buy a girl in China for $20/- to $30/- USD and can sell her in San Francisco for $3000/- USD. Monzini, Paola (2005). Human trafficking, the modern euphemism for slavery, is a major problem in Africa. The trafficking in women and girls is now considered the third largest source of profit for organized crime, behind only drugs and arms. This situation has resulted in a very high number of women who are forced to compete for work in the conditions of excessive social exploitation and are forced to risky practices which ultimately leads to very high levels of HIV, brutality and slaughter. The practices which are considered standard in this kind of marketplace are often very harsh and extremely brutal. It is like slow, dark and dreadful death of the body and the soul (Mon zini, Paola (2005). The term declaration of ââ¬Å"violence against womenâ⬠implies any act of gender based violence which causes or is likely to cause any kind of physical, sexual or psychological harm or suffering to the women. These acts are very well defined as acts of intimidation and force or illogical withdrawal of the freedom in the public or the private life. Women like men are allowed to have pleasure and gratification just like men. They also need the security of all human rights and fundamental freedoms which are considered necessary for good living. They need for their growth and development freedoms in the political, economic, social, cultural, civil or any other field. They need the sanction of the same rights as the right to life, equality, liberty and security as an individual. They also need the right of equal protection under the law, freedom from all forms of discrimination, the right to seek the best physical and mental health, right to work in just and humane conditions. They specially need the right to be protected against torture or cruelty, where inhuman and degrading treatment and punishment is practiced. The state has the responsibility to attack such practices of violence against women and should restrict any such customs, traditions and religious practices which enforce such inhuman practices. State should immediately and forcefully intervene in curbing any such practices by introducing a sound policy which enacts without delay to eliminate violence against women. The different branches and the specialized agencies of the United Nations within their respective fields of operation should acknowledge the recognition of the rights and principles which has been mentioned and acknowledged within the Declaration. The Declaration is like the flashlight highlighting the misery of the women and showing them the course of action which could save them from this peril. It gives the essential guidelines for awareness and self recovery (1993). Part 3 Viable Change: Poverty, social disruption and family pressures and even natural disasters sow the seeds for the practice, while armed conflict, corrupt governments and a universal demand for cheap labor help reap the crops of new victims. Africa needs to establish stronger laws against the trafficking of women and children on and from the continent as well as better child-labor laws, a former U.S. ambassador to Madagascar told members of the newly reconstituted Africa, Global Human Rights, and International Operations. One should investigation into the causes and forms of violence against women, looking at the relationship between poverty, militarization and discrimination.. Amnesty International shows how women have led campaigns against all forms of violence and have achieved dramatic changes in laws, policies and practices. This is an inhuman condition which cannot be allowed to emerge, as it tarnishes the color of human race and civilized society. There is a complex push and pull factors which determine the nature of trafficking and the vicious cycle which it creates. It is a complex mixture of circumstances and the reasons why people want to leave their country to migrate to another country with dreams of better and brighter future. Some of the key factors which push the victim to take such a drastic step can be categorized as socio-economic push factor which is a lure to amore wealthier country for escape from poverty and desire for better or wealthier lifestyle. Sometimes the decision to migrate is backed by desire to support the family financially and dream to ensure better future for the children. Some just want to have high social status with modern and emancipated lifestyle. In some societies and cultures women are not given the freedom to growth and good life. These cultural factors can push a woman to leave their woman-unfriendly atmosphere where she does not have the same chance as men to education and career. Political circumstances, turmoil and civic unrest can also be factors which may motivate a woman to take refuge to some other country where difficulty and threat to life would be less. Some of the other factors which might play a significant role in migration could be alcoholism, drug addiction, criminality, maltreatment in the social proximity of a person. These factors lead to unemployment and poverty, which leads to migration and trafficking. Some of the pull factors are opportunities for better life and future, with employment and lack of poverty. The prospect of brighter and wealthier lifestyle in the west is a great lure. The demand for prostitutes and the demand for services, in wide variety of areas can be a temptation for taking the step to leave the security of the country to migrate in another country. (2006). A very serious concern for national and international institutions should be the health effects of sex trafficking and prostitution. The investigation in medical and social sciences indicate rates of high incidence of HIV/AIDS and sexually transmitted infections (STIs) in certain populations of women in prostitution. The physical and emotional effects and aftereffects of trafficking and prostitution on women is also a great concern for health care providers and social service providers. A considerable number of women suffer from various health problems related to violence and sexual exploitation. The nature of their injuries is similar to those of women who are battered, raped and sexually assaulted. Their situation is grim and their plight is miserable. The fundamental source of trafficking is the lack of awareness, insufficient support, lack of education, vulnerability of women as a gender. On an international scene explosion of organized crime and easy access to transportation of ââ¬Å"Humans: women and girlsâ⬠across border with a promise for better and brighter picture. The dependant status of this gender further encourages trapped into such practices, even without conscious will. The national consciousnessââ¬â¢, international legal support and geographic migration laws have to join hands to bring about effective change in the depressing condition of women and girls in Africa. The human rights should play a forceful role backed by powerful countries to support in aid and legislation with severe penalties for the offenders. This is an inhuman condition which cannot be allowed to emerge, as it tarnishes the color of human race and civilized society. Countries, organization and people should unite to fight against and encounter the grim condition emerging on the African soil. One should tap into the greatest resource in Africa: Women and give them a bright and promising future. Rajgopal, offers great insight into this field with his research experience in South and Southeast Asia, South Africa and Brazil. His current investigation into four areas of research: : new democratic and legal strategies for making operational the socio-economic rights, especially rights to water, food, land, housing, and environment in India, South Africa and Brazil; the impact of globalization and decentralization on protection of human rights; the accountability of international organizations; and corporate compliance with human rights law. He helped establish first human-rights field office in Cambodia Helped establish the first human-rights field office of the United Nations in the mid-1990s and has been a consultant to several international organizations and NGOs on development-related human rights and legal issues. Member of the Asia Advisory Board of Human Rights Watch, the Executive Council of the American Society of International Law and the International Advisory Board of the Robert Kennedy Memorial Center for Human Rights. The idea of International Human Rights is western in origin; rather non-western societies did not have a conception of human rights. Now that the world has become so global the countries should unite to fight this war of exploitation and slavery hideously practiced by the traffickers hiding under the mask of businesses, law enforcement and predators. Jack Donnelly puts it. ââ¬Å"human rights represent a distinctive set of social practices, tied to particular notions of human dignity, that initially arose in the modern west in response to the social and political changes produced by modern states and modern capitalist market economiesâ⬠. (Bal Krishnan Rajagopal,2003, p.175) International Law should find a way to penetrate and resist the violence and torture of any kind inflicted on any woman and girl, in any country, by implementing forceful laws which issue severe penalties, restrict illegal migration and punish the organized trafficking institution. The government should protect the victim, raise their realistic awareness and provide safer domestic environment. The recognition of the rights and the penalties for the offenders can ensure the safety of these victims, who are waiting to be saved from the tyranny of physical torture, psychological degradation and social elimination. They deserve a normal human life like every other individual and they should be guaranteed this without condition. Annotated Bibliography 1. Akintunde, Dorcas Olu Labeodan Helen (2002) WOMEN AND THE CULTURE OF VIOLENCE IN TRADITIONAL AFRICA. Nigeria, Sefer Books Ltd. This is a collection of essays first presented at the Circle of Concerned African Women Theologians on February 5, 2002. These papers look at a variety of issues concerned with womens rights in Africa. The authors describe the realities of equal rights policies, sex and power, cultural roots of insecurity. 2. Amnesty International (2004) ITS IN OUR HANDS: Stop Violence Against Women. United Kingdom: Amnesty International. This is an investigation into the causes and forms of violence against women, looking at the relationship between poverty, militarization and discrimination. Amnesty International shows how women have led campaigns against all forms of violence and have achieved dramatic changes in laws, policies and practices. 3. Bal Krishnan Rajagopal.( 2003) International Law from Below : Development, Social Movements and Third World Resistance. United States, Cambridge University Press. The emergence of transnational social movements as major actors in international politics as witnessed in Seattle in 1999 and elsewhere has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This ground-breaking book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements the first ever to do so. It examines in detail the growth of two key components of modern international law international institutions and human rights in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging current debates on the evolution of norms and institutions, the meaning and nature of the Third World, as well as the political economy of its involvement in the international system. 4. Commonwealth Secretariat (2003) REPORT OF THE EXPERT GROUP ON STRATEGIES FOR COMBATING THE TRAFFICKING OF WOMEN AND CHILDREN. United Kingdom: Commonwealth Secretariat. The trafficking in women and girls is now considered the third largest source of profit for organized crime, behind only drugs and arms. This concise report describes the political and social background to the trade across the Commonwealth and looks at prevention strategies and assistance to victims. Bib 5. Hallam, Rebecca (1994) CRIMES WITHOUT PUNISHMENT: Sexual Harassment and violence Against Female Students in Schools and Universities in Africa. United kingdom: African Rights. This is a discussion paper addressing the widespread and persistent problem of sexual harassment and violence against women and girls in educational institutions in Africa. The paper also deals with wider problems of teenage pregnancy and lack of sex education in schools, and the specific problem of rape by forces of the state, such as soldiers and policemen. 6. Human Rights Watch (2002) THE WAR WITHIN THE WAR: Sexual Violence against Women and Girls in Eastern Congo.USA Africa Watch/ Human Rights Forces on all sides in the Congo conflict have committed war crimes against women and girls, Human Rights Watch said in a new 114-page report. The report documents the frequent and sometimes systematic use of rape and other forms of sexual violence in the Rwandan-occupied areas of eastern Congo. 7. Monzini, Paola (2005) SEX TRAFFIC: Prostitution, Crime, and Exploitation.United kingdom: Zed Books. The trafficking of women and girls for prostitution is big business. This book focuses on the experiences of migrant women and girls who have very little choice or control over their lives. Women are forced to compete for work in conditions of extreme sexual exploitation, often being exposed to risky sexual practices, high levels of HIV, violence and murder. This book examines the techniques of recruitment, methods of transportation, and forms of exploitation abroad, and focuses on womens own experiences of migration. It explains the mechanisms of supply and demand and assesses attempts at controlling trafficking and strategies for resistance and change. 8. Oguli Oumo, Margaret; Molokomme, Imelda M.; Gwaba, Monde M. Mogegeh, Valencia K.D (2002) PROMOTING AN INTEGRATED APPROACH TO COMBAT GENDER BASED VIOLENCE: A training manual. United Kingdom: Commonwealth Secretariat This is a manual promoting an integrating approach to combat gender based violence with governments, non governmental organizations, private sector and international organizations working together. It includes instructional material and case studies for training trainers, middle level professionals, development workers and extension agents 9. (20 December 1993). Declaration on the Elimination of Violence against Women. Retrieved March 29, 2007, from Office Of The United Nations High Commissioner For Human Rights Web site: www.ohchr.org/english/law/eliminationvaw.htm (1993) 10. Raymond and Hughes, Janice G. and Donna M. (March 2001). SEX TRAFFICKING OF WOMEN. Retrieved March 29, 2007, from Coalition Against Trafficking in Women Web site: action.web.ca/home/catw/attach/sex_traff_us.pdf (Raymond and Hughes, 2001) 11. (2006). TRAFFICKING IN HUMAN BEINGS:. Retrieved March 29, 2007, from Assesing Organized Crime Web site: www.assessingorganisedcrime.net/publications/AOC-DLV17-vR3.pdf
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