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  • Legalization of prostitution in 2002
  • Prostitution becomes a marketing bonanza, coupons, deals, etc.
  • Last year, an editorial in Der Spiegel quotes a report that states while human trafficking convictions are down the amount of situations resembling but not provable as trafficking without victim testimony on the increase
  • It is legal to come to Germany to work as a prostitute, so to avoid being arrested for trafficking it only needs to be proved that work visas are current and that the prostitute in question agreed, making the possibilities for evading arrest much easier
  • The Violence Against Women Act or Kvinnofrid is passed in 1999 which criminalized the buying of prostitution.
  • This law has criminalized buying sex and trafficking, but not the selling of sex or prostitution, avoiding repetitive jailings for victims.
  • This reduced the amount of street prostitution and purchases, which many consider a success in terms of combating trafficking as well as prostitution as a whole.
  • Critics assert it has only driven the industry underground, and that while street prostitution has visibly decreased, the amount of more clandestine prostitution could be up.
  • A similar law was adapted in Norway after much of the trafficking to Swedish streets was rerouted to Norway, hence the name "Nordic model".,

Forced Labor

Functionalist Approaches

Functionalist vs. Abolitionist

Sex Trafficking & Prostitution - Legal Responses

"Whether it comes in the form of a young girl trapped in a brothel, a woman enslaved as a domestic worker, a boy forced to sell himself on the street, or a man abused on a fishing boat, the victims of this crime have been robbed of the right to lead the lives they choose for themselves."

  • Functionalists generally claim that a purely anti-sex trade strategy ignores the agency and choices of women in the trade itself
  • They also claim that criminalizing the trade drives it underground and makes it more dangerous, the more illegal it is the less visible it is.
  • Believes that legalization leaves the burden of proof on women's testimonies when they may be coerced in subtler ways than physical force.
  • Legalization's abstract recognition of the freedom of women to work/not work in the sex trade ignores economic pressures or wider societal effects.
  • Legalization limited to a conception of how citizens with full rights in a destination country could join the trade as opposed to trafficked immigrants, poor people, disabled people, etc.

Forced Labor in the UK, Netherlands and Sweden

  • Functionalist accounts of sex trafficking are worried most about the matter of consent, not critiquing prostitution as a whole
  • They assume prostitution to be much like any other job, and so the issue of sexual trafficking is forced labor within the industry, not the industry itself
  • Legislative approaches favored by those who prosecute sex trafficking based on a "principle of non-voluntariness" often focus on legalizing and then regulating the industry, often supporting initiatives such as prostitutes' unions.

Victims of Forced Labor per Region

Within destination countries, there are two main theoretical approaches to combating trafficking among activists and legal scholars, which Paola Monzini calls "functionalist" and "socially critical" (often called "abolitionist") respectively

- John Kerry

Secretary of State

The Boston Globe

April 20, 2014

Types of Forced Labor

Socially Critical/Abolitionist Approaches

General Conclusions

  • Abolitionist approaches to sex trafficking see no distinction between a legitimate sex industry and trafficking, the two are too intimately connected.
  • It also sees prostitution as an inherently oppressive interaction, forcing the body of another person to be your property for a certain amount of money , so that even non-trafficked members of the industry might be making choices under immense pressures.
  • Approaches by abolitionists vary depending on certain factors, those motivated by religious beliefs might call for complete criminalization of buying and selling, while feminists generally look to anti-pimp or anti-demand strategies, avoiding jail-time for prostitutes themselves.
  • Functionalist approaches are very abstract and ignore transnational relationships and economic divides in the sex industry
  • Also makes it a question of "shame" and "stigmatization" of prostitution ignoring the real violence and marginalization inherent to much of the work.
  • Abolitionist approaches work at eliminating general exploitation but if limited to a single state can be out-maneuvered by transnational organizations
  • General economic and political changes in source countries and a change in the unequal relationships with destination countries (Western Europe's wealth vs. poverty of source nations) required as backing for any meaningful anti-trafficking work

Comparative Cases Germany vs. Sweden

Germany

Campaigns

Cocoa Plantations

In Ghana and Côte d’Ivoire, children are involved in the “worst forms of child labor,” where they are exposed to chemicals, long working hours, and the denial of a decent education.

Raise the Bar, Hershey!

- ILRF, Green America, Global Exchange, and Oasis

- Super Bowl “brand-jamming” ad

Letter to Hershey

- 70+ grocery retailers

- 100% certified cocoa in 2020

Sweden

5 Subtypes of Human Trafficking & Forced Labor

Cotton

Uzbekistan is one of the top-ten exporters of cotton in the world, but it is all harvested in one of the world’s most extensive systems of state-sponsored forced labor. Each year, millions of Uzbek citizens, including schoolchildren, are mobilized to harvest cotton for the state-run industry.

- Global coalition of human rights NGOs, trade unions, business associations and investors

Uzbek-German Forum for Human Rights; European Center for Constitutional and Human Rights + 40

- Writing letters to the EU

http://www.antislavery.org/english/campaigns/cottoncrimes/cotton_crimes_write_to_mep.aspx

Combating Forced Labor

  • Corporate Accountability
  • Research to identify goods
  • Consumer awareness programs
  • Legally binding mechanism
  • Government Responsibility
  • Strengthen immigration and labor policies
  • Victim protection and recovery services
  • Transparency in Working Conditions
  • Safe, confidential complaint processes
  • Clear working conditions
  • Trade Solutions
  • 1) Trafficking Victims Protection Act (TVPA)
  • 2) Tariff Act of 1930

1.Harvesting of Organs

2. Sexual Services

3. 'Regular' Labor or Services

4. Forced Begging

5. Forced Criminal Behavior

Basic Facts

Organ Trafficking

  • 75 million dollar industry
  • Highly profitable
  • Average price for a kidney: $200,000.
  • Average price for a lung: $350,000.
  • Average price for a liver: $300,000.
  • Rarely exposed.
  • Top 8 Countries: Kosovo, Mozambique, Israel/Palastine, India, Pakistan, Egypt, China, and Moldova.
  • Completely legal in Iran; 'kidney eBay'
  • Viewed as legal from the buyers point of view.
  • Can sell kidneys, livers, a lung, corneas, skin, heart valves, and more.

Works Referenced

Occurs in 3 Categories:

1. Traffickers force/deceive victims into giving organs.

2. Formal contract of sale; people usually cheated.

3. Gaining consent from person whom has ailments.

Clark, Nick. "Detecting and Tackling Forced Labour in Europe." Joseph Rowntree Foundation . 05 Jun 2013. Web. 4 Apr. 2014. <http://www.jrf.org.uk/sites/files/jrf/forced-labour-europe-full.pdf>.

Ekman, Kasja Ekis. Being and being bought: prostitution, surrogacy and the split self. North Melbourne, Victoria, Australia: Spinifex Press, 2013. eBook.

Konrad, Helga. "Trafficking in Human Beings: A Comparative Account of Legal Provisions in Belgium, Italy, the Netherlands, Sweden and the United States." Trafficking and Women's

Rights. Ed. Christien L. van den Anker and Jeroen Dommernik Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2006. Print.

Meyer, Cordula, Conny Neumann, Fidelius Schmid, Petra Truckendanner, and Steffen Winter. "Unprotected: How Legalizing Prostitution Has Failed." Der Spiegel [Hamburg] 30 May 2013, n. pag. Web. 31 Mar. 2014. <http://www.spiegel.de/international/germany/human-trafficking-persists-despite-legality-of-prostitution-in-germany-a-902533.html>.

Monzini, Paola. Sex Traffic: Prostitution, Crime, and Exploitation. English ed. London: Zed Books, 2005. Print.

Repetskaia, Anna. "Classifying the Elements of Human Trafficking Crimes." Human Traffic and Transnational Crime: Eurasian and American Perspectives. Ed. Sally Stoecker & Louise Shelley Lanham, MD: Rowman & Littlefield, 2005. Print.

.Rijken, Conny. Combating Trafficking in Human Beings for Labour Exploitation. Nijmegen, The Netherlands: Wolf Legal Publishers, 2011. Print.

"Slavery and Forced Labor." Human Rights Education Associates. (2011): Web. 3 Apr. 2014. <http://www.hrea.org/index.php?base_id=160>.

Tiuriukanova, Elena. "Female Labor Migration Trends and Human Trafficking Policy Recommendations." Trans. Array Human Traffic and Transnational Crime: Eurasian and American Perspectives. Ed. Sally Stoecker & Louise Shelley Lanham, MD: Rowman & Littlefield, 2005. Print

Van den Anker, Christien. "Trafficking for Forced Labour in Europe." Anti-Slavery International. (2006): 3-31. Web. 3 Apr. 2014. <http://www.antislavery.org/includes/documents/cm_docs/2009/t/trafficking_for_fl_in_europe_4_country_report.pdf>.

van Liempt, Ilse. "Trafficking in Human Beings: Conceptual Dilemmas." Trans. Array Trafficking and Women's Rights. Ed. Christien L. van den Anker and Jeroen Doomernik Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2006. Print.

"What is Forced Labor?" Diplomacy in Action. U.S. Department of State. Web. 4 Apr 2014. <http://www.state.gov/j/tip/what/>.

International Labor Rights Forum; Washington DC -- http://www.laborrights.org/about

More Facts & Figures: Europe

  • In Europe, flourishing operations are Turkish, Moldovan, Russian, Ukrainian, Belarusian, Romanian, Bosnian, Kosovan, Macedonian, Albanian and assorted east European donors.
  • Countries who pay for the organs: the United States, Germany, Scandinavia, the United Kingdom, Israel, South Africa, and other rich nations/regions.
  • Supported by the internet, globalization, and networking.
  • Also sourced out because of rise in high cholesterol, blood pressure, etc in countries with money.
  • Estimated one kidney an hour is taken.
  • No follow up care after taking major vital organ.

Recent Kosovar Scandal

  • Bloody Yellow House
  • Prime Minister viewed as guilty
  • Struggle of lack of evidence in almost every case found in Kosovo
  • No return of stolen people

Moldovan Organ Trafficking

  • Considered the poorest country in Europe: 90% of the country makes less than $2 a day.
  • Israeli's use Moldova as source country.
  • 10% of all kidneys donated world wide originate from Moldova.
  • 14/40 Men in a Moldovan village have donated an organ. (Rate is about the same throughout Moldova)
  • Push in Moldova to legalize selling organs because poverty is so extreme.

Human Trafficking & Forced Labor

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