Routledge Handbook of Human Trafficking
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Routledge Handbook of Human Trafficking
Trafficking in human beings (THB) has been described as modern slavery. It is a serious criminal activity that has significant ramifications for the human rights of the victims. It poses major challenges to the state, society and individual victims. THB is not a static given but a constantly changing concept depending on societal changes and opinions, economic situations and legal developments. THB occurs both transnationally and within countries. The complexity of THB is such that it requires a wide range of expertise fully to address the phenomenon.
Edited by a team of leading international academics, The Routledge Handbook of Human Trafficking will provide an interdisciplinary introduction to THB. It is aimed at academics, students, research universities and non-governmental organisations, as well as policy makers. It will review THB through the lenses of law, anthropology and social and political science and will address statistical, data protection issues and showcase the most effective research methods, analyse the various actors and stakeholders and the different types of exploitation of trafficked persons. It will critically highlight and analyse the most pressing current challenges posed by THB.
Ryszard Piotrowicz is Professor of Law at Aberystwyth University.
Conny Rijken is Professor of Human Trafficking and Globalisation at INTERVICT, Tilburg Law School, Tilburg University.
Baerbel Heide Uhl is a political scientist and has been working on anti-trafficking politics both in academia and in operational missions in Europe for more than two decades.
Routledge Handbook of Human Trafficking
Edited by Ryszard Piotrowicz, Conny Rijken and Baerbel Heide Uhl
First published 2018
by Routledge
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© 2018 selection and editorial matter, Ryszard Piotrowicz, Conny Rijken and Baerbel Heide Uhl; individual chapters, the contributors
The right of Ryszard Piotrowicz, Conny Rijken and Baerbel Heide Uhl to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Piotrowicz, Ryszard W., editor. | Rijken, Conny, editor. |
Uhl, Baerbel Heide, editor.
Title: Routledge handbook of human trafficking / edited by Ryszard Piotrowicz,
Conny Rijken and Baerbel Heide Uhl.
Description: 1 Edition. | New York : Routledge, 2017.
Identifiers: LCCN 2017017114| ISBN 9781138892064 (hardback) |
ISBN 9781315709352 (ebook)
Subjects: LCSH: Human trafficking. | Organized crime. | Forced labor. |
Prostitution. | Sex and law.
Classification: LCC HQ281 .R78 2017 | DDC 364.15/51—dc23
LC record available at https://lccn.loc.gov/2017017114
ISBN: 978-1-138-89206-4 (hbk)
ISBN: 978-1-315-70935-2 (ebk)
Typeset in Bembo
by Apex CoVantage, LLC
Contents
List of tables and figures
Editors
Contributors
Foreword
Acknowledgements
Table of abbreviations
PART 1 International and regional regimes on anti-trafficking
1 Genealogies of human trafficking and slavery
Jean Allain
2 Trafficking in human beings as a crime and as a human rights violation
Joachim Renzikowski
3 Trafficking in transnational criminal law
Anne T. Gallagher
4 The European legal regime on trafficking in human beings
Ryszard Piotrowicz
5 Trafficking in human beings in the African context
Joy Ngozi Ezeilo
6 Human trafficking in the context of labour migration in Southeast Asia: the case of Thailand’s fishing industry
Sebastian Boll
7 Human trafficking in Australasia
Natalia Szablewska
8 Human trafficking in the Middle East
Tenia Kyriazi
PART 2 Types of exploitation
9 Defining exploitation in the context of trafficking – what is a crime and what is not
Klara Skrivankova
10 Human trafficking for the purpose of organ removal
Marta López-Fraga, Kristof Van Assche, Beatriz Domínguez-Gil, Francis L. Delmonico and Alexander M. Capron
11 Child soldiering in relation to human trafficking
Gus Waschefort
12 Tracing the emergence of ICT-enabled human trafficking for ransom
Mirjam van Reisen, Zecarias Gerrima, Eyob Ghilazghy, Selam Kidane, Conny Rijken and Gertjan Van Stam
13 Exploitation through begging as a form of trafficking in human beings – over-estimated or under-reported?
Claire Healy
PART 3 Particular legal issues
14 The non-punishment provision with regard to victims of trafficking: a human rights approach
Ryszard Piotrowicz and Liliana Sorrentino
15 Abuse of a position of vulnerability within the definition of trafficking persons
Anne T. Gallagher and Marika McAdam
16 Unable to return? The protection of victims of trafficking in need of international protection
Fadela Novak-Irons
17 Prosecution of cases of human trafficking in a common law system
Pam Bowen
18 Prosecution of trafficking in human beings in civil law systems: the example of Belgium
Frédéric Kurz
PART 4 Needs of victims of trafficking
19 Trafficking in persons: a victim’s perspective
Conny Rijken
20 Child trafficking – a call for rights-based integrated approaches
Helmut Sax
21 The right to a remedy and reparation for victims of trafficking in human beings
Lorna McGregor
22 Being home: exploring family reintegration amongst trafficked Indonesian domestic workers
Rebecca Surtees
23 The mental health of trafficked persons
W. F. Scholte, L. Verhaak, A. Lok, and R. Ghafoerkhan
24 National Referral Mechanisms
Jyothi Kanics
PART 5 Critical discourses of the anti-trafficking framework
25 Sex and work: understanding sexual commerce in an era of ‘globalisation’
Svati P. Shah
26 Orwellian rights and the UN Trafficking Protocol
Alice M. Miller and Tara Zivkovic
27 Collateral damage provoked by anti-trafficking measures
Mike Dottridge
28 Disrupting religious privilege: code of conduct for religious institutions, faith communities and faith-based organisations for their work with survivors of forced labour, human trafficking and modern slavery
Yvonne C. Zimmerman
29 The interface between trafficking in persons and culture
Rahel Gershuni
PART 6 Statistics, data and knowledge
30 Work in progress: international statistics on human trafficking
Jan Van Dijk and Claudia Campistol
31 Knowledge production on human trafficking and everyday governance practices
Claudia Vorheyer
32 ‘Assumptions built into code’ – datafication, human trafficking, and human rights – a troubled relationship?
Baerbel Heide Uhl
PART 7 Actors, stakeholders and institutions
33 Changing the system from within: the role of NGOs in the flawed anti-trafficking framework
Marieke van Doorninck
34 The role of the UN Special Rapporteur on trafficking in persons, especially women and children
Maria Grazia Giammarinaro
35 Trafficking in human beings and international peacekeeping
Marco Odello
36 Can labour make an effective contribution to legal strategies against human trafficking?
Zuzanna Muskat-Gorska
PART 8 Economic aspects
37 Exploitation of migrant workers and trafficking in human beings: a nexus of the demand by employers, workers, and consumers
Natalia Ollus and Anniina Jokinen
38 Fifteen years lifting of the ban on brothels: the struggle of policy makers between sex workers as agents or victims
Marjan Wijers
39 A critical engagement with the “pull and push” model: human trafficking and migration into sex work
Sealing Cheng
40 Of coyotes and caporali: how anti-trafficking discourses of criminality depoliticise mobility and exploitation
Neil Howard
41 Trafficking in human beings and the informal economy
Kiril Sharapov
42 The business of trafficking in human beings
Toine Spapens
Index
Tables and figures
Tables
3.1 Key provisions/obligations of States Parties to the Trafficking Protocol
22.1 Residence patterns of domestic workers after trafficking
26.1 Statistics on Trafficking in Human Beings
30.1 Total number of registered victims of THB per global region in 2012, by gender and age
30.2 Number of registered victims of THB in Europe in 2012, per 100,000 inhabitants, and by gender
30.3 Total number of offenders (first contact, prosecuted and convicted) of THB, per global region, in 2010, 2011 and 2012
30.4 Total number of offenders in selected countries from Europe and Central Asia, in 2012 (or last available year)
30.5 GRETA-based scores and sub-scores, and ranks of 19 destination countries
32.1 Global law enforcement data
42.1 Combination of THB with other crimes in the Netherlands (254 cases)
Figures
2.1 Pyramid of labour exploitation
10.1 Four modes of transplant tourism
30.1 Total number of registered victims of THB in ten selected countries in 2012, by age
31.1 Theoretical model of professional habitus formation
40.1 Teenagers working in Abeokuta
40.2 Tomatoes harvested in Foggia
Editors
Ryszard Piotrowicz is Professor of Law at Aberystwyth University and Adjunct Professor of Law at the University of South Australia. He is an Alexander-von-Humboldt Fellow. He has been a member of GRETA (Council of Europe’s Group of Experts on Action against Trafficking in Human Beings) since 2013, was elected Second Vice President in 2017, and was a member of the EU’s Group of Experts on Trafficking in Human Beings, 2008–15. He has published extensively and worked as a consultant on THB for international organisations, States and law firms. He has previously taught at the Universities of Glasgow, Durham and Tasmania. He is Book Reviews Editor of the International Journal of Refugee Law.
Conny Rijken is Professor of Human Trafficking and Globalisation at INTERVICT (International Victimology Institute Tilburg), Tilburg Law School, Tilburg University. Over the last fifteen years, Dr Rijken has done extensive research on various aspects of Trafficking in Human Beings, including the European perspective, migration, labour exploitation and human rights. She has led several (EU funded) international and interdisciplinary research projects, e.g. ‘Combating THB for Labour Exploitation’, ‘Joint Investigation Teams in the EU’ and ‘Corporate Social Responsibility to Prevent Human Trafficking’. She has conducted innovative research on the needs of victims of human trafficking, the nexus between human trafficking and statelessness in Thailand and Sinai Trafficking.
Baerbel Heide Uhl is a political scientist and has been working on anti-trafficking politics both in academia and in operational missions in Europe for more than two decades. She is Co-Founder of the European NGO network La Strada and Founder of the NGO initiative datACT (data protection in anti-trafficking action). Dr Uhl has held the positions of Anti-trafficking Expert for the OSCE Mission to the Federal Republic of Yugoslavia and the OSCE Office for Democratic Institutions and Human Rights (ODIHR). In addition, she has advised EU candidate countries and new Member States, including Turkey, Croatia, Bulgaria and Romania, on European anti-trafficking policies within the framework of EU enlargement procedures. Dr Uhl was a member of the European Commission’s Experts Group on Trafficking in Human Beings from 2003–11 and served as the Chairperson from 2008–11. She is a member of the Advisory Board of La Strada International.
Contributors
Jean Allain is Professor of Law, Faculty of Law, Monash University, Australia. He is Special Adviser to Anti-Slavery International, the world’s oldest human rights organisation. He received his PhD from the Graduate Institute for International Studies, University of Geneva and clerked for the President of the International Criminal Tribunal for the former Yugoslavia. His most recent books on the topic include The Law and Slavery (2015) and Slavery in International Law (2013).
Sebastian Boll is the Regional Research Specialist at the United Nations Action for Cooperation against Trafficking in Persons (UN-ACT), a regional anti-human trafficking project of the United Nations Development Programme based in Bangkok, with offices in the six Greater Mekong Sub-Region countries. Mr. Boll has worked on research with UN-ACT and its predecessor, the United Nations Inter-Agency Project on Human Trafficking, for the past six years, originally in Lao PDR and later from Thailand. Prior to that, he worked with an international foundation on labour issues in Vietnam.
Pam Bowen, CBE, is a Senior Policy Advisor at the Crown Prosecution Service, England and Wales, and leads on human trafficking and organised immigration crime, developing new policy in these areas, including the first policy (2007) on non-prosecution of suspects who might be victims of trafficking. She has worked extensively with international organisations and governments in source and transit countries in negotiating and developing improved and collaborative responses to human trafficking, including training, mutual legal assistance and capacity building. She has been a regular contributor to the development of European and international guidance since 2009. She was awarded the CBE in January 2014 for her contribution to domestic and international efforts against human trafficking.
Claudia Campistol is a Researcher at the University of Lausanne, Switzerland. After her MA Psychology (Barcelona) and Postgraduate Certificate in Systemic Psychotherapy, she worked in the Juvenile Justice Department of Catalonia, Spain. She obtained a MA Criminology and is now preparing her PhD, on the analysis and comparison of juvenile justice systems. She was a researcher for the project Tools for the validation and utilization of EU statistics on human trafficking (TRAFSTAT).
She is an independent expert at the International Committee of the Red Cross and Terre des Hommes. She also works at the Open University of Catalonia.
Alexander Morgan Capron holds the rank of University Professor at the University of Southern California, where he occupies the Scott H. Bice Chair in Healthcare Law, Policy and Ethics and is Co-Director of the Pacific Center for Health Policy and Ethics. He was formerly the Director of Ethics, Trade, Human Rights and Health Law at the World Health Organization. His scholarship focuses on public health law, the determination of death and the legal and ethical issues in research with human beings and in organ trafficking. He is a member of the Executive Committee of the Declaration of Istanbul Custodian Group.
Sealing Cheng is Associate Professor at the Department of Anthropology of the Chinese University of Hong Kong. She has conducted research on migrant entertainers in US military camp-towns in South Korea and migrant Korean sex workers in the US. Her publications have focused on the debates around women’s human rights and prostitution within the rubric of human trafficking in South Korea.
Francis L. Delmonico, MD, is Professor of Surgery at Harvard Medical School at the Massachusetts General Hospital, where he is Emeritus Director of Renal Transplantation. He is the Past-President of The Transplantation Society (2012–14) and has been an Advisor to the World Health Organization in matters of organ donation and transplantation since 2006. Dr Delmonico is the Chief Medical Officer of New England Donor Services and the Senior Advisor and former Executive Director of the Declaration of Istanbul Custodian Group. In 2005, Dr Delmonico was elected President of the United Network for Organ Sharing (UNOS), and in 2016 was appointed to the Pontifical Academy of Sciences by Pope Francis.
Beatriz Domínguez-Gil is a medical doctor, PhD in internal medicine, specialising in nephrology. After several years working as a nephrologist in the clinical setting and as clinical researcher, she joined the medical team of the Spanish National Transplant Organization in November 2006. She has been mainly involved in international cooperation with various international organisations, developing initiatives targeted to enhance organisational models, and quality and safety of organ donation, procurement and allocation, and to contribute to the fight against organ trafficking. She is Councillor for Europe at The Transplantation Society and Chair of its Ethics Committee, Co-Chair of the Custodian Group of the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, Past Chair of the European Donation and Transplant Coordination Organization (EDTCO) and board member of the Spanish Transplantation Society.