Human trafficking is the illegal trade of human beings for the purposes of commercial sexual exploitation or forced labor; a modern-day form of slavery; and the fastest growing criminal industry in the world and is tied with the illegal arms industry as the second largest, after the drug-trade. [1]

The United States’ Trafficking Victims Protection Act of 2000 defines "severe forms of trafficking in persons" as:

  1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age, OR
  2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage The words peon and peonage are derived from the Spanish peón [peˈon]. It has a range of meanings but its primary usage is to describe laborers with little control over their employment conditions, debt bondage, or slavery.[2]

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children is a protocol to the Convention against Transnational Organised Crime. It is one of the two Palermo protocols, the other one being the Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by the United Nations in Palermo, Italy in (also referred to as the Palermo Protocol) is a protocol In international politics, protocol is the etiquette of diplomacy and affairs of state to the United Nations Convention against Transnational Organized Crime The Convention against Transnational Organized Crime is a United Nations convention against transnational organized crime, adopted in 2000. It is also called the Palermo Convention, and its two protocols are: and 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."[3] As of September 2008, the Protocol has been signed by 117 countries, and there are 124 parties.[4]

On a global scale, the victims of human trafficking are used in a variety of situations, including forced labor Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. Many of these forms of work may be (bonded labor or debt bondage), child labor (for purposes which include labor, military, adoptions, and commercialized sexual exploitation of children), sexual slavery, commercialized sexual exploitation, and other forms of involuntary servitude Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery;.

Contents

Overview

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Trafficking is a lucrative industry. It is now the fastest growing criminal industry in the world. Globally, it is tied with the illegal arms trade, as the second largest criminal activity, following the drug trade.[5] The total annual revenue for trafficking in persons is estimated to be between USD The United States dollar is the official currency of the United States. The U.S. dollar is normally abbreviated as the dollar sign, $, or as USD or US$ to distinguish it from other dollar-denominated currencies and from others that use the $ symbol. It is divided into 100 cents$5 billion and $9 billion.[6] The Council of Europe The Council of Europe is one of the oldest international organisations working towards European integration, having been founded in 1949. It has a particular emphasis on legal standards, human rights, democratic development, the rule of law and cultural co-operation. It has 47 member states with some 800 million citizens. It is distinct from the states, "People trafficking has reached epidemic proportions over the past decade, with a global annual market of about $42.5 billion."[7][8] The United Nations The United Nations Organization or simply United Nations (UN) (Arabic: الأمم المتحدة, French: Organisation des Nations Unies, Chinese: 联合国 / 聯合國, Spanish: Organización de las Naciones Unidas, Russian: Организация Объединённых Наций) Filipino: Organisasyon ng Nagkakaisang mga Bansa is an estimates nearly 2.5 million people from 127 different countries are being trafficked around the world.[9]

Human trafficking differs from people smuggling People smuggling is a term which is used to describe transportation of people across international borders to a non-official entry point of a destination country for a variety of reasons. Typically those being transported may not have adequate formal travel documents or prior approval to enter the destination country. In the latter, people voluntarily request or hire an individual, known as a smuggler, to covertly transport them from one location to another. This generally involves transportation from one country to another, where legal entry would be denied upon arrival at the international border. There may be no deception involved in the (illegal) agreement. After entry into the country and arrival at their ultimate destination, the smuggled person is usually free to find their own way.

While smuggling requires travel, trafficking does not. Much of the confusion rests with the term itself. The word "trafficking" includes the word "traffic," which we often equate with transportation or travel. However, while the words look and sound alike, they do not hold the same meaning. Human trafficking does not require the physical movement of a person (but must entail the exploitation of the person for labor or commercial sex). Additionally, victims of human trafficking are not permitted to leave upon arrival at their destination. They are held against their will through acts of coercion and forced to work or provide services to the trafficker or others. The work or services may include anything from bonded or forced labor to commercialized sexual exploitation.[10][11] The arrangement may be structured as a work contract, but with no or low payment or on terms which are highly exploitative. Sometimes the arrangement is structured as debt bondage, with the victim not being permitted or able to pay off the debt.

Bonded labor, or debt bondage, is probably the least known form of labor trafficking today, and yet it is the most widely used method of enslaving people. Victims become bonded laborers when their labor is demanded as a means of repayment for a loan or service in which its terms and conditions have not been defined or in which the value of the victims’ services as reasonably assessed is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money "borrowed."[12]

Forced labor is a situation in which victims are forced to work against their own will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. Men are at risk of being trafficked for unskilled work, which globally generates $31bn according to the International Labor Organization The International Labour Organization is a specialized agency of the United Nations that deals with labour issues. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the International Labour Office. The organization received the Nobel Peace Prize in 1969. [13] Forms of forced labor can include domestic servitude; agricultural labor; sweatshop factory labor; janitorial, food service and other service industry labor; and begging.[14]

Sex trafficking victims are generally found in dire circumstances and easily targeted by traffickers. Individuals, circumstances, and situations vulnerable to traffickers include homeless individuals, runaway teens, displaced homemakers, refugees, and drug addicts. While it may seem like trafficked people are the most vulnerable and powerless minorities in a region, victims are consistently exploited from any ethnic and social background.

Traffickers, also known as pimps A pimp is an agent for prostitutes who lives off their earnings. Pimping is illegal in most countries. The majority of pimps are men. A woman who runs a brothel is known as a madam. The pimp-prostitute relationship can be abusive, with the pimp using techniques such as psychological intimidation, manipulation and physical force to control the or madams, exploit vulnerabilities and lack of opportunities, while offering promises of marriage, employment, education, and/or an overall better life. However, in the end, traffickers force the victims to become prostitutes or work in the sex industry. Various work in the sex industry includes prostitution, dancing in strip clubs A strip club is a business establishment where striptease is regularly performed by strippers, who may also offer related services such as lap dancing. Strip clubs are often structured as nightclubs or bars. While usually considered a lighter version of adult entertainment than a sex show, they are often the focus of morality campaigns and, performing in pornographic films and pornography, and other forms of involuntary servitude Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery;.

While human trafficking does not require travel or transport from one location to another, one form of sex trafficking involves international agents and brokers who arrange travel and job placements for women from one country. Women are lured to accompany traffickers based on promises of lucrative opportunities unachievable in their native country. However, once they reach their destination, the women discover that they have been deceived and learn the true nature of the work that they will be expected to do. Most have been told lies regarding the financial arrangements and conditions of their employment and find themselves in coercive or abusive situations from which escape is both difficult and dangerous.[15] According to the U.S. Department of Justice, there were 1,229 human trafficking incidents in the United States from January 2007- September 2008. Of these, 83 percent were sex trafficking cases.[16]

Child labor is a form of work that is likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education. The International Labor Organization estimates worldwide that there are 246 million exploited children aged between 5 and 17 involved in debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade and other illicit activities around the world.

Trafficking in children often involves exploitation of the parents' extreme poverty. Parents may sell children to traffickers in order to pay off debts or gain income, or they may be deceived concerning the prospects of training and a better life for their children. They may sell their children for labor, sex trafficking, or illegal adoptions.

The adoption process, legal and illegal, when abused can sometimes result in cases of trafficking of babies and pregnant women between the West and the developing world.[17] In David M. Smolin David Mark Smolin is a professor of law at Cumberland School of Law in Birmingham, Alabama where he is the Harwell G. Davis Chair in Constitutional Law, the director for Cumberland School of Law's Center for Biotechnology, Law, and Ethics, and faculty advisor for the Law, Science and Technology Society’s papers on child trafficking and adoption scandals between India and the United States,[18][19] he presents the systemic vulnerabilities in the inter-country adoption system that makes adoption scandals predictable.

Thousands of children from Asia, Africa, and South America are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families.[20] In the U.S. Department of Justice 07-08 study, more than 30 percent of the total number of trafficking cases for that year were children coerced into the sex industry.[16]

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