Human trafficking

Introduction

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood” (Universal Declaration of Human Rights (hereinafter UDHR), Article 1).

The 21st century embodies an era of major technological progress: lives are simplified with modern facilities, human beings all over the world are inter-connected with social media, and a robot was even granted citizenship recently in Saudi Arabia. Yet, recent events in Libya with open slave- markets made the headlines just a while ago. This particular situation of human trafficking goes against the idea of the first article of the UDHR, previously quoted, as one human being is considered superior to another one. Consequently, the spirit of “brotherhood” has evaporated. Whilst technological advances are on the rise, basic human rights are still violated all over the world, and thus represent a major societal challenge. Why can Human Trafficking be seen as a Human Rights violation and what elements can be used to settle this issue?

This essay is divided into three major parts. Firstly, the definition of human trafficking, with its causes and consequences, is dealt with. Then, the obligations and liability of different actors is discussed: distinct political, legal and ethical arguments are used to comprehend the circumstances and to justify the various solutions that one can provide. Finally, the economic aspect of human trafficking is considered. The paper will end with elements and hints to solve this global issue in the future.

I – What is human trafficking?

1. Definition of Human Trafficking

The question of the definition of Human Trafficking has long been unanswered. Even today, the use of that expression is still ambiguous and inconsistent. People often associate it with cases of prostitution or sexual exploitation, whilst the definition is a lot more complex than that. In 2000, the concern of human trafficking was acknowledged in Palermo. The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (the Palermo Protocol) defines human trafficking as “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”. To put it in simpler words, human trafficking is the principle of inveigling humans into the business of exploitation. The term encompasses all cases of non-consensual using of people.

The diversity of exploiters is very broad: it goes from private agents and corporations to state- enforced exploitation, in corrupted countries for example. But why do people exploit other people illegally? To summarise, they gain a cheap workforce, and under the pressure of violence and threats, exploiters also gain a position of dominance over another being.

Focusing now on some figures, the International Labour Organisation (ILO) has made some estimations in its report on A Global Alliance against Forced Labour (2005). It assessed the number of victims of non-consensual exploitation to a gargantuan number of at least 12.3 million people exploited, at any point in time. The victims in the Asian (both North Asia and South Asia) and Pacific regions, amount to approximately 9.5 million, making it the first region of trafficking.

2. Causes of trafficking

The common cause of this phenomenon is poverty. Indeed, poor economic conditions cause migrations -and in the majority of cases, illegal migration- to other developed states, with the hope of having a better life, even though it rarely ends up being the case. Poverty also has a negative impact on the fulfilment of human rights, as it is explicitly stated in the Preambles of the UDHR. Basic civil and political rights, such as life, liberty and security are also affected by poverty. Moreover, victims often present a low level of financial literacy and numeracy, which is directly in correlation with their poverty, as they did not have the opportunity to access proper education. Exploiters take advantage of that low literacy to extend the “enslaved” time.

Other plights including discrimination (according to race, social class, political opinions etc.), gender discrimination and humanitarian crises, can cause human trafficking.

3. Consequences of trafficking

Human beings who are being trafficked often work for long hours with low (or non-existent) wages. The right to just and favourable conditions of work (Article 23 of the UDHR) is therefore denied. Moreover, victims often fall into a vicious circle, from which they cannot escape. Indeed, their illegal status generates an inability to seek medical assistance as they do not know their rights and are afraid of enforcement actions. Their freedom of movement is also challenged, as traffickers often take their identity documents until they have repaid their debts; the exploited people consequently become entirely enslaved to their exploiters.

Furthermore, the notion of “illegal immigrants” is predominantly associated to unfavourable elements; victims are thus often persecuted and this can eventually lead to cases of violence and racism.

On another note, proceedings of law enforcement authorities, for example ones shooting directly people at borders, or others requesting money and/or sexual favours in exchange of a release, raise ethical queries.

II – Obligations and liability of States

In this chapter, the different obligations and accountability of States is approached. Legal arguments as well as political ones are used to justify a State leader’s response to Human Trafficking. 1. Obligation to prohibit human trafficking and related acts

Prohibition of human trafficking is one obligation imposed under International Human Rights Law (hereinafter IHRL). This particular duty is even more strengthened when the right of life is involved. The European Court of Human Rights stated that States’ primary duty was to guarantee the right of life, as it is the foundation of basic Human Rights.

As named in the title, States also have the obligation to prohibit “related acts”. Those acts include torture and slavery. Indeed, victims of

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