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Debates on the connection between human trafficking and war have been discussed in wars and conflicts across the globe. Russia’s war on Ukraine has brought this relationship to the forefront again, questioning whether trafficking flows have increased, examining the types of trafficking in war, and determining the conditions (if any) that make it flourish. This article examines human trafficking in Ukraine before the war and during limited and total war to determine how governments with robust anti-trafficking institutions negotiate anti-trafficking responses over different stages of war. The main research question of this study aims to determine how different stages of the war in Ukraine have changed human trafficking dynamics and responses over time. Using data from interviews and participant observations from Ukraine, I analyze the different types of human trafficking characteristics and flows, conditions that create vulnerabilities, and prevention tools that have been used in different periods. I theorize that war fundamentally alters human trafficking prevention but a foundation of prevention tools before war means that governments are better able to respond to human trafficking dynamics and flows when war occurs. Ukraine offers a unique and important perspective from which to examine human trafficking dynamics and the consequences of war due to a stable government, external aggressor, and clear path for those fleeing the violence to the European Union. The results show that Ukraine’s strong prevention efforts before the war helped shape responses after the war and full-scale invasion began. The data revealed that human trafficking is a longer-term form of gender-based violence in war because the exploitation is prolonged and there is a delay in identifying victims.
The United Kingdom’s National Referral Mechanism (NRM) is a framework for identifying potential victims of modern slavery (slavery, servitude, forced labour or human trafficking) and ensuring that they receive adequate care. This research explores differences in referrals and outcomes of potential modern slavery victims within the NRM on the basis of individual attributes, geography and first responder. Findings are based on exploratory analysis of data on 55,000 cases released by the Home Office in spring 2022 plus data from four Freedom of Information requests. Findings confirm that there are significant differences in rates of positive outcomes between native and immigrant groups, with native populations more likely to receive positive conclusive grounds (CG) decisions. Our key contribution is in identification of the role of the first responder in negatively influencing outcomes for victims of particular forms of exploitation. We suggest the differences in outcomes may be explained by the dual role played by first responders within the immigration system in identifying victims and implementing immigration control measures. We situate this finding within a broader critical migration literature on polymorphous borders pointing to the NRM as one mechanism through which bodies are differentially excluded from territorial access and associated rights or benefits.
Human trafficking is a juridical concept invented in the nineteenth century that reappeared in the late twentieth century. The concept was created amid discussions about policing of national borders and reflected panics concerning the ideal of feminine purity, when women were seen in the discourse of the time as needing protection. In this chapter we will show how discourse in support of combating human trafficking for sexual exploitation has used ideas about gender and raciality to justify policies to contain migration. The twentieth century was marked by conquests of women”s rights, and white women are no longer seen as being in need of protection as were those of the nineteenth century. However, attributes that are both accusatory and victimizing still weigh on non-white women, especially when they are involved in sex work across national borders. In these terms, there is no space for women understood as victims of trafficking for sexual exploitation to be able to affirm their labour demands based on their own understandings about what constitutes sex work, violence, and exploitation.
States’ bordering practices force individuals to undertake dangerous migratory journeys and put them at risk of severe human rights violations. Yet, irregular arrivals who are found not to be at risk of serious harm in their countries of origin are perceived as voluntary migrants and are therefore assumed not to be in need of protection. This article employs the concept of vulnerability to challenge the idea that both the initial and subsequent dangerous migratory journeys are undertaken voluntarily. Based on an analysis of trafficking-based asylum claims from the UK and Germany, the article shows that both re-trafficking and irregular re-migration result from vulnerabilities which converge to preclude reintegration in the country of origin and access to livelihood options. While some of these vulnerabilities are likely to be present at the time of the initial dangerous journey already, the article pays particular attention to ‘consequential vulnerabilities’ brought about by previous migration experiences. It then introduces the concept of ‘route causes’ of irregular re-migration to describe factors which heighten the risk of re-migrating irregularly and therefore establish a risk on return related to harm experienced during irregular migration, rather than in the country of origin. Thus, the article shows that the vulnerability concept informs the future risk analysis in refugee law and argues that, just like a risk of re-trafficking, a risk of irregular re-migration could form the basis of an asylum claim.
In recent years, the Minnesota Attorney General’s Office and the Minnesota Department of Health have cultivated a productive partnership to strengthen the state’s multidisciplinary response to overlapping health equity and social justice issues. This article describes shared efforts in three areas: post-conviction justice, drug overdose, and human trafficking/exploitation.
Over the last two decades, the international community has increasingly turned its attention towards the phenomenon of human trafficking. While the majority of States have adopted legislation criminalising trafficking, and many also passed legislation aimed at protecting trafficked persons, compliance with international and domestic standards is often questioned. This chapter explores processes before, and decisions by, judicial, quasi-judicial and specialised non-judicial bodies as determinants of anti-trafficking efforts – understood as factors shaping governments’ anti-trafficking efforts and influencing compliance with and implementation of international standards. Deploying a comparative approach and building on the results of a large-scale project exploring the determinants of anti-trafficking efforts globally, this chapter evaluates four case studies (Argentina, Brazil, Cyprus and the United Kingdom). It outlines how judicial, quasi-judicial and specialised non-judicial bodies’ role is perceived by anti-trafficking stakeholders, and how these mechanisms interact with other determinants in influencing anti-trafficking efforts at the domestic level.
We discuss the issue of bringing human trafficking and forced prostitution within the purview of Article 4 of the European Convention on Human Rights. The judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia marked a turning point by classifying forced prostitution through human trafficking under Article 4. However, in the judgment in S.M. v. Croatia, the ECtHR further reinforced its view that human trafficking and forced prostitution constitute a violation of Article 4.
We explain human trafficking and forced prostitution both theoretically and through a number of international legal acts. We then explain Article 4 of the Convention and provide a comprehensive analysis of the material and procedural guarantees against human trafficking and forced prostitution. We also comment on the positive obligations that the ECtHR set for Member States. The authors believe that, despite numerous criticisms, the ECtHR’s position is correct and that both human trafficking and forced prostitution violate the principles of democratic society. Therefore, victims must enjoy the protection afforded by Article 4 of the Human Rights Convention and other conventions if their life situation falls within their scope.
This Element explains how cross-border mobility defines diplomatic relationships between Southeast Asian states and social and political dynamics within the region's key destination countries. It begins by providing an historically situated discussion of bordering processes within the region, examining evolving historical conceptions of power and sovereignty, and processes of bordering in colonial and post-colonial times. It then turns to the political, environmental, and economic drivers of contemporary cross-border mobility before examining governments' efforts to manage different kinds of border-crossers and the tensions that these efforts give rise to. Having discussed the politics of cross-border mobility in host communities, the Element returns to the question of why consideration of bordering practices and cross-border mobility is necessary in understanding contemporary Southeast Asia.
Human trafficking is a global public health problem that affects people of all races, nationalities, socioeconomic classes, and genders. Human traffickers prey on the vulnerable, strip them of their basic human rights and inflict physical and psychological damage to their victims and their communities. The true scope of the problem is unknown because of the hidden nature of the crime. Over 40 million people are estimated to be victims of human trafficking worldwide – 25% of whom are children. Over 24 million people are thought to be trapped in forced labor and 4.8 million in sex trafficking. Women and girls are estimated to be the majority of victims and account for 71% of victims of human trafficking and 99% of sexual exploitation. However, trafficking of men, boys and other genders is highly underrecognized. Additionally, urban areas may have a high density of diverse under regulated or under paid employment that could be particularly difficult for clinicians to identify human trafficking. Clinicians, particularly in the emergency department, have the responsibility to identify, protect, and provide resources to people experiencing human trafficking.
This study asks how human trafficking in Ming China (1368–1644) became enveloped in the emerging global economy of the sixteenth century. Utilizing theoretical insights from the model of “slaving zones,” the essay examines recorded incidents of human trafficking along China’s littoral from 1370 to 1565 and contends that its presence and persistence were intertwined with the Ming court’s economic policies and problems. Here the history of human trafficking in early-to-mid-Ming China is viewed from the perspective of a series of challenges to the country’s economic well-being but also to its power to govern according to its own laws and norms. These challenges include the Ming regime’s efforts: to eradicate piracy and smuggling through their integration into the lawful framework of tribute trade; to support provincial requests for extra revenue to promote military security; to acquire Japanese silver but deny Japan mercantile access to China; to profit from Portugal’s Southeast Asian and Japanese commercial networks. This study argues that the increasing prevalence of human trafficking along China’s coastline was the result of competing forces anxious for power and riches that fused into the thrust of sixteenth-century China’s expanding economy, as well as the adaptability of those in authority to ignore the consequences of allowing safe havens for persons bartering and selling human beings. These factors turned the status of Ming China’s littoral from a “no slaving zone” into an “imperfect no slaving zone.”
Human trafficking is associated with wide-ranging mental and physical morbidity, as well as mortality, in the United States and globally. Emergency Medical Services (EMS) providers are often first responders to victims of human trafficking. Given their proximity to patients’ social and environmental circumstances, these clinicians need to be familiar with the signs and symptoms of human trafficking, as well understand how to best provide care for suspected or confirmed trafficked patients. Evidence from multiple studies indicates that providers who have received formal training may be better able to recognize the signs and symptoms of human trafficking, and thus, can provide better care to potential victims of human trafficking. This review will summarize the relevance of human trafficking to prehospital emergency care, touch on best practices for the care of patients with suspected or confirmed ties to human trafficking, and outline future directions for education and research.
Beginning with the story of the Muslim youth Mehmed bin Abdülcelil of Tunis, this article examines the plight of Ottoman subjects abducted and sold into slavery within the Ottoman Empire and their efforts to regain freedom through Ottoman courts. Freedom suits (hürriyet davaları) were common in the seventeenth-century Ottoman Empire, so much so that contemporary legal praxis manuals (sukuk) always provided examples of how to document them, but they have never been systematically studied for this period in which slave ownership was extremely widespread and the legality of enslavement depended solely on religion and subjecthood. Drawing on a sample of seventy-nine suits from greater Istanbul and eleven sukuk manuscripts, this article considers how the trade in the illegally enslaved was concealed by the immense traffic in licit captives and how the theoretical protections of Ottoman subjecthood clashed with the practical challenges of how to prove it, exposing the gap between slavery as legal institution and slaving in practice. Whereas the vast majority of freedom suits ended in rulings in favor of the victims, most of the illegally enslaved probably never managed to have their cases heard or were turned away for lack of evidence.
This chapter discusses the prohibition of slavery, servitude and forced labour as protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. It also pays attention to human trafficking and exploitation. In the final section, a short comparison between the different instruments is made.
In this chapter, Hesford examines the humanitarian imperatives of contemporary anti-slavery and anti-trafficking campaigns and their calculated appropriations and parasitic logics. She considers in what contexts, under what conditions of visibility and legibility, and in support of what political investments are humanitarian tropes deployed? To better understand the contemporary anti-slavery movement’s perpetuation and parasitic appropriation of humanitarian tropes, Hesford turns to the rhetorical mediation of human trafficking subjects and their stories. Understanding these mediations, she argues, is important because how trafficking subjects and their stories are framed sets the parameters for public recognition and political action.
To demonstrate the principles of democratic policing in action, this chapter looks at seven cases of policing that incorporates them: (1) Not arresting Black Lives Matter protesters who block traffic during rush hour; (2) Reducing the car stops a police department makes as a way to decrease the negative consequences of this type of enforcement for a community; (3) Sanctuary city policies that explicitly limit police department cooperation with federal immigration enforcement officials; (4) A decision not to voucher condoms as evidence when making prostitution arrests; (5) Not arresting suspects for prostitution when there is cause to believe the suspects are being trafficked into doing so; (6) Not arresting individuals in possession of personal-use quantities of unprescribed addiction treatment medication; (7) Advocating for the redesign of smartphones to deter theft.
In premodern China, Korea, Japan, and Vietnam, just as in the far less culturally cohesive countries composing the West of the Middle Ages, enslavement was an assumed condition of servitude warranting little examination, as the power and profits it afforded to the slaver made it a convention pursued unreflectively. Slavery in medieval East Asia shared with the West the commonplace assumption that nearly all humans were potential chattel, that once they had become owned beings, they could then be either sold or inherited. Yet, despite being representative of perhaps the most universalizable human practice of that age, slavery in medieval East Asia was also endowed with its own distinctive traits and traditions. Our awareness of these features of distinction contributes immeasurably to a more nuanced understanding of slavery as the ubiquitous and openly practiced institution that it once was and the now illicit and surreptitious one that it intractably remains.
The UK asylum processat the time of writing is described in detail to illustrate more general practices and effects. Claim handling and the role of immigration detention are discussed.Legal representation is important but hard to find. Asylum claim interviews are described.The decision-making process is outlined. Tribunals, appeals, appeals rights exhaustion, and fresh claims are described.The National Referral Mechanism for people who have been trafficked is outlined.Claiming asylum has a human context.People are excluded from society.Shame can be induced, and ‘retraumatisation’ can occur. Detention without limit of time can distress and destabilise individuals who were mentally stable on arrival.Fear and uncertainty prevail.
Possible reactions of the host society are reviewed; suspicion and disbelief, and deprivation and demands as part of the ‘hostile environment’.
The key themes of medical care and the role of medical evidence are introduced.Forms of recognition as a refugee are described, and some of their practical and psychological consequences.
Organ trafficking in all its various forms is an international crime which could be entirely eliminated if healthcare professionals refused to participate in or be complicit with it. Types of organ trafficking are defined and principal international declarations and resolutions concerning it are discussed. The evidence for the involvement of healthcare professionals is illustrated with examples from South Africa and China. The ways in which healthcare professionals directly or indirectly perpetuate illegal organ transplantation are then considered, including lack of awareness, the paucity of both undergraduate and postgraduate education on organ trafficking, turning a blind eye, advocacy of organ commercialism, and the lure of financial gain.
This article examines the interplay between transnational criminal actors (essentially human smugglers), local crime groups, and drug cartels in the phenomenon of trafficking in persons coming from Central America along Mexico’s eastern migration routes. The analysis focuses on sex trafficking, compelled labor for criminal activities, and other forms of labor trafficking. Through qualitative research that involved 336 semistructured interviews with migrants, activists, and other persons familiar with the subject, this work describes and maps trafficking trends throughout Mexico’s eastern migration routes. It also sheds light on the role of drug cartels and other crime groups (local and transnational) in these activities.
Since the 1990s, human trafficking has become the battleground for competing discourses on human rights and penality. While rights solutions are generally presented as in opposition to crime-control measures, in the context of anti-trafficking interventions, rights-based initiatives and criminal governance are often linked together both discursively and in practice. Drawing on the findings of Discourse Analysis of 120 texts about trafficking, this paper explores how dominant discourses and alternative voices construct the relationship between human rights and penality. It is contended that penality is framed as a crucial tenet of human rights. Dominant discourses (the ‘law enforcement’ and the ‘victims first’ discourses) link human rights to state coercive action, seen as a necessary component of their effectiveness. Alternative voices (the ‘incompatibility’ and the ‘transformative justice’ discourses) reject the appropriateness of penal intervention, but they end up preserving what they denounce.