73 McCusker, R., “Transnational Crime in the Pacific Islands: Real or Apparent Danger?” 308 Trends & Issues of Crime and Criminal Justice (Canberra: Australian Institute of Criminology, 2006).
74 The Bali Process website, About the Bali Process, www.baliprocess.net.
75 The Bali Process Conclusions on the Establishment of the RSO 1, www.baliprocess.net/files/RSO/RSO%20Information%20Sheet%20-%20Bali%20Process%20Conclusions.pdf.
76 For the Policy Guide on Criminalizing Trafficking in Persons (2014), see www.baliprocess.net/files/Bali%20Process%20-%20Policy%20Guide%20on%20Criminalizing%20Trafficking%20in%20Persons.pdf.
77 For the Policy Guide on Identifying Victims of Trafficking (2015) and Policy Guide on Protecting Victims of Trafficking (2015), see www.baliprocess.net/regional-support-office/policy-guides-on-identification-and-protection-of-victims-of-trafficking.
78 For the Bali Process Working Group on Trafficking in Persons, Forward Work Plan: 2015–17, see www.baliprocess.net/files/Working%20Group%20on%20Trafficking%20in%20Persons/Bali%20Process%20TIP%20Working%20Group%20Forward%20Work%20Plan%202015-17.pdf.
79 ASEAN Member States include Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
80 Established in 1997; for more see www.apgml.org/default.aspx.
81 Reported in the Financial Action Task Force (FATF), Money Laundering Risks Arising From Trafficking in Human Beings and Smuggling of Migrants (FATF/OECD, July 2011), p. 74.
82 An independent inter-governmental body invested with developing and promoting policies to protect the global financial system against money laundering, terrorist financing, and other related threats to the integrity of the international financial system.
83 Money Laundering Risks (n.81), p. 12.
84 Ibid. 38.
85 Ibid. 39.
86 See, for example, McCusker (n.73).
87 The Bali Process has been recommended as a possible model of regional consultative process for replication in other regions, e.g., Swing, W.L., Remarks by William Lacy Swing – Director General, International Organization for Migration (Speech delivered at the Bali Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime, Bali, 29–30 March 2011), www.baliprocess.net/files/FINAL%20DISTRIBUTION%20VERSION%20DG%20Statement%20Bali%204th%20Ministerial%2029%20Mar%202011.pdf.
88 UNODC, United Nations Convention Against Transnational Organized Crime and the Protocols Thereto (Vienna: United Nations, 2004).
89 UNODC, Toolkit on Smuggling of Migrants (New York: UN, 2010), Tool 2.
90 See also Ditmore, M. and Wijers, M., “The Negotiations on the UN Protocol on Trafficking in Persons” (2003) 4 NEMESIS 79.
91 Wheaton, E.M., Schauer, E.J., and Galli, T.V., “Economics of Human Trafficking” (2010) 48 International Migration 4, 117.
92 See, for example, UNIFEM, Gender Equality, Human Rights and Trafficking: A Framework of Analysis and ACTION (Concept paper prepared by Jean D’Cunha, ASEM Seminar co-organized by the Ministry for Foreign Affairs, Sweden and UNIFEM in co-operation with UNESCAP, 7–9 October 2002).
93 Ali, S., Violence Against the Girl Child in the Pacific Islands Region (Italy: UN Division for the Advancement of Women (DAW) and UNICEF, EGM/DVGC/2006/EP.14, 2006).
94 Larsen, Lindley, and Putt (2009) (n.25).
95 Jalal, I., Harmful Practices Against Women in Pacific Island Countries: Customary and Conventional Laws (Addis Ababa: UN Division for the Advancement of Women (DAW) and UN Economic Commission for Africa, EGM/GPLHP/2009/EP.15, 2009); Ali (2006) (n.93).
96 Ali (2006) (n.93).
97 Government of Solomon Islands and UN Development Fund for Women (UNIFEM), Protecting Women’s Human Rights in Solomon Islands Law (Suva: UNIFEM, 2009).
98 J.H. Douglas and A. Schloenhardt identified fourteen such processes in their study “Combating Migrant Smuggling With Regional Diplomacy: An Examination of the Bali Process” (2012) The University of Queensland Research Paper, fn. 34, 9–10.
99 See, for example, criticisms of the Bali Process expressed in Ibid.
8
Human trafficking in the Middle East
Tenia Kyriazi
Introduction
From a political, economic, and social perspective, the Middle East is a very diverse region. On the one hand, it comprises countries with rich cultural heritage and historic civilisations, currently suffering from political instability, armed conflict, and social unrest. On the other hand, it also includes young monarchies, which lack strong democratic institutions and traditions, but enjoy relatively peaceful economic growth and have achieved rapid development in many economic and social sectors, including education, construction, healthcare, etc. In this context, in respect to trafficking, the challenges faced, the responses formulated, and the reforms needed may vary across the region. Nevertheless, substantial similarities are prevalent, exposing common trends and shared areas of concern. For the present analysis, the Middle East refers to the geographic region encompassing the territories and States of Syria, Lebanon, Iraq, Iran, Israel, the West Bank and Gaza, Jordan, Egypt, Yemen, and the six States of the Gulf Cooperation Council (GCC), namely: Saudi Arabia, Kuwait, Bahrain, Qatar, the United Arab Emirates (UAE), and Oman.
Trafficking in human beings in the Middle East is manifested in both traditional and regionally specific forms, the most prevalent being trafficking for sexual exploitation, trafficking for labour exploitation, and trafficking associated with armed conflict and the operations of the Islamic State (ISIS or DAESH). Recent studies report that most Middle Eastern countries are countries of destination for victims of trafficking, with a rather insignificant percentage of victims being trafficked out of the region for sexual exploitation.1 The victims primarily originate from other regions, predominantly Asia and sub-Saharan Africa, but also from within the Middle East, mostly from Syria, Egypt, and Yemen. The emergence of the Islamic State and its dominance in parts of Iraq and Syria, along with the ongoing Syrian conflict and the ensuing refugee crisis, have given rise to new challenges that have transformed the dynamics in those countries and their neighbours.
The present study examines the main manifestations of THB prevalent in the region, discusses their dynamics and trends, and analyses the challenges faced, with the aim to develop useful recommendations for the establishment of effective anti-trafficking policies and victim protection mechanisms.
Dominant trafficking typologies in the Middle East
Trafficking for sexual exploitation
Although the phenomenon of THB is very dynamic, with new forms of exploitation increasingly emerging across the world, trafficking for sexual exploitation, being the most visible, documented, and detected, remains the most identified manifestation of the phenomenon.2 Two principal types of trafficking for sexual exploitation are widespread in the Middle East: trafficking for prostitution and – to a lesser extent – trafficking of young women for ‘temporary’ marriages.
Trafficking for prostitution in the Middle East generally follows the traditional sex trafficking patterns documented in other regions. These involve the recruitment of young women and girls from impoverished backgrounds with the use of coercion or deception, their trafficking to wealthy countries, and their exploitation in the sex industry.
Many victims are recruited from Eastern Europe, Asia, and Africa, and are forced to provide sexual services in the entertainment industry in the region, particularly in its wealthiest countries, such as the GCC States, Israel, and Lebanon. Recruitment is usually conducted through private employment agencies (PEAs), linked to organised trafficking rings. Victims are deceived in the country of origin in respect of the nature and conditions of their work, and are promised jobs in healthcare, retail, or the tourism industries. Those agencies often charge victims a substantial ‘placement’ fee, thus establishing an exploitative and sometimes abusive relationship of debt bondage. Traffickers abuse visa regulations in the countries of de
stination to facilitate their victims’ entry on temporary ‘artists’ visas or as domestic workers. For instance, Lebanon’s ‘artist visa scheme’ is being systematically abused by traffickers with the purpose of obtaining visas for their victims, thus circumventing anti-trafficking legislation.3 Another prevalent trend documented is that of trafficking of women from Eastern Europe to Israel through Egypt. Victims arrive as tourists in Egypt, from where they are transferred through Sinai to the Israeli border with the assistance of Bedouins who know the desert terrain very well.4
Upon arrival in the country of destination, victims are often subject to ill-treatment and exploitation. They are forced to work in the sex industry, often living under inhuman conditions, exposed to health risks, and treated as sex slaves. Traffickers use a number of practices to intimidate their victims and increase the degree of control they exercise upon them, such as confiscation of their passports, severe restriction of their freedom of movement, isolation, violence, threats, withholding of pay, etc.5
The law in most Middle Eastern countries, with the exception of Israel and Lebanon, prohibits prostitution. As a result, sex work is an invisible and unregulated sector of the economy, which further intensifies the victims’ position of vulnerability, as they are reluctant to report the abuse and exploitation they suffer at the hands of their traffickers for fear of prosecution and deportation.6
Israel has been particularly commended for its effective counter-trafficking policies, including the adoption of anti-trafficking legislation that provides for a broad trafficking definition, the implementation of National Action Plans, and the coordinating role of the anti-trafficking coordinator. These legislative and administrative measures have resulted in a significant decline in cases of trafficking for sexual exploitation.7
On the other hand, the phenomenon of trafficking for ‘temporary marriages’, or mu’tas, has been reported as a distinct manifestation of intra-regional human trafficking in the Middle East. It involves trafficking of young women and girls as young as 13 years old, from poor backgrounds, usually within the region, for short-term ‘pleasure’ marriages to wealthy older men. Essentially, this practice denotes a concealed form of prostitution, with the marriage being contractually time-limited from a few days to several years, and often being accompanied by a dowry payment, paid to the girl’s male guardian. It is not uncommon that, after marriage, these girls are forced into prostitution.
This trend, particularly prevalent in Egypt, Syria, Iran, and Yemen, and reported as ‘re-emerging’ in Iraq, involves the recruitment of young women and girls for ‘temporary’ or ‘seasonal’ marriages to Arab men, mainly residing in the wealthy States of the Gulf.8 In addition, more recently, it has been reported that Syrian girls living in refugee camps in Jordan have been recruited for contractual marriages to Saudi or Jordanian men. This practice, although illegal under Jordanian law, represents an old tradition among Syrians. It is legally permissible in Shia Islam, while Sunni Islam recognises a similar practice called misyar.9
Recruitment and transportation services are often delivered by specialised marriage ‘agencies’ operating across the region. The families of these girls usually consent to give them away for marriage upon receipt of substantial amounts of money from the future groom, along with promises of financial support and educational opportunities. However, after the wedding, the girls are often treated as sex slaves and the promises given fail to be honoured. Their situation is further aggravated by the fact that Sharia, in force in most countries in the region, does not expressly prohibit child marriages.10 Furthermore, women face restrictions in respect of their right to divorce their husbands.11 As a result, it is difficult for victims to escape this exploitative relationship.
Trafficking for labour exploitation
While sexual exploitation has globally been reported as the dominant form of trafficking, labour exploitation is on the rise across the world, increasingly constituting one of the most common purposes of exploitation in the framework of THB, with more than 40% of detected victims in the period 2010–2012 being trafficked for labour exploitation.12 According to the ILO, the Middle East has a high prevalence of forced labour, with recent studies estimating the number of victims to be at least 600,000, which constitutes a strong indicator for the occurrence of trafficking for labour exploitation.13 Human trafficking for labour exploitation in the region is predominantly manifested in the domestic work and the construction sectors.
Migrant domestic workers, primarily young women from Asia and Africa, employed as domestic workers in middle to upper class households, play a significant role in the economies of countries in the region, particularly in Jordan, Syria, Lebanon, Yemen, and the Gulf States.14 In the circumstances that formulate the context of domestic work in the Middle East, a considerable number of those domestic workers may be identified as victims of human trafficking for domestic servitude, provided that elements of coercion or deception are involved in their recruitment and can be linked to their exploitation.
Trafficking for domestic servitude mostly affects young women who are trafficked into the region from East Asia, South-East Asia, South Asia, and Africa. Many victims, having initially agreed to work in the healthcare, retail, or tourism industries, upon arrival to their destination, are coerced to work as full-time housemaids. Others may have initially consented to leave their country of origin to work as domestic workers and enter the country of destination legally, but, in most cases, they have been deceived about the exact nature and conditions of their work.15
Domestic workers may also be trapped in a situation of debt bondage, as they become unlawfully indebted to private employment agencies and employers in both the countries of origin and destination to repay their ‘recruitment fee’. This significantly affects their vulnerability.
As soon as they are employed, it is common to have their travel documents confiscated. They are underpaid and they do not receive the basic employment benefits other workers generally receive, such as days off, health insurance, etc. A further distinct feature of their exploitation is that they live within the premises of their employer; thus, the latter exercises a high degree of control that extends well beyond their employment duties.16 Frequently, domestic workers have their freedom of movement severely restricted or, in extreme cases, they may be entirely isolated. In this context, they suffer various forms of abuse, including gender-based violence.17 Precisely because of their lack of visibility and the fact that their conditions of work are not subject to inspections by state authorities, their exploitation remains largely undetected and unreported.
Trafficking of construction workers has also become widespread in the region. The Middle East, particularly the GCC countries, has experienced an outstanding growth rate during recent decades. Construction has been one of the most growing and profitable industries, creating an enormous number of jobs, filled largely by migrant labourers. Much has been reported in the past decade about exploitative and abusive conditions surrounding the employment of migrant labourers in the construction sector in the Middle East, including deceptive and exploitative recruitment methods, amendment of contracts upon arrival in the country of destination, low pay, unpaid wages, long hours of work under inhuman conditions without adequate rest, degrading living conditions, safety and health hazards, and other abusive and exploitative practices.18 The above conditions constitute strong indicators for the prevalence of THB for labour exploitation.
Victims of trafficking for labour exploitation in construction are predominantly men, which effectively illustrates that beyond the traditional image of the woman victim linked to the concept of human trafficking, men can also be extremely vulnerable, and are often subject to very cruel forms of trafficking that severely violate their human dignity.
In cases where migrant workers’ exploitation amounts to trafficking, the usual pattern reported involves the following stages. It starts with the recruitment of unskilled, poor, young men, most commonly from South Asian countries. At this
stage, workers are often deceived as to the nature and/or the conditions of their work, including their pay, working hours, and other benefits. In addition, it is common practice for PEAs to charge workers disproportionate ‘recruitment fees’, despite this practice being prohibited in most countries of destination in the region. Under these circumstances, upon their arrival, many workers are already subject to debt bondage, which, as explained earlier, increases their vulnerability. In the country of destination these men are living and working in inhumane and degrading conditions: their passports are confiscated, their residence and employment status is tied to their sponsor (i.e., the person, usually the employer, who guarantees the residence visa), they are coerced into working overtime, their contracts are amended to reflect lower pay than what they had initially consented to, they often work under extreme weather conditions, and they are exposed to health and safety hazards. They are subject to degrading living conditions in accommodation provided by the sponsor and their freedom of movement is severely restricted. In addition, they do not receive social protection or benefits, they are not allowed to change employer or field of employment, they do not have any prospects of becoming permanent residents, they are usually not allowed to engage in collective bargaining, and they are often subject to discrimination and xenophobia.19 The recent public scrutiny of the exploitative conditions of work of South Asian construction labourers in Qatar connected to the 2022 World Cup provides an indication of the prevalence of labour exploitation and trafficking in the GCC region, home to high-profile infrastructure and commercial projects.20
Trafficking for camel racing
Besides trafficking for sexual and labour exploitation, other forms of trafficking, very distinct to the region, have been reported in the Middle East. One such form is trafficking for camel racing.
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