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It has been generally acknowledged that a holistic approach to
trafficking in people, which includes measures for prosecution,
protection and prevention, is the only way in which this human rights
abuse will be effectively combated.
The United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, 2000,
which came into force in December 2003, has now been ratified by
52 States. The Protocol obliges governments to pass legislation
which prohibits and punishes all forms of trafficking in human beings.
Many governments that have or are in the process of passing legislation
which prohibits trafficking, have also started allocating more resources
to combating organised crime and irregular immigration. However,
in some cases the passage of legislation has not been in line with
Protocol definition as it has excluded trafficking for labour exploitation
(e.g. work in agriculture, catering, construction, as domestics,
etc.) and in others the introduction of new laws has not necessarily
resulted in an increase in the number of successful prosecutions
of traffickers.
Of even greater concern is the way in which many governments have
responded to the UN Protocol's provisions which relate to protection
and support of trafficked persons (Articles 6, 7 and 8). 2
As States are only obliged to "consider implementing"
these provisions, most have either diluted or ignored these components
of the Protocol when incorporating it into national legislation.
Many governments are also making access to support and assistance
conditional on co-operation with the authorities in prosecuting
traffickers and are reluctant to grant reflection periods or residency
permits, claiming that it would undermine their immigration controls.
This approach subordinates trafficked people's human rights to governments'
law and order and immigration policy objectives. It is also counter-productive
as measures to protect and support trafficked people are a pre-requisite
for any successful counter-trafficking strategy.
It must be stressed that both the prosecution and protection components
of any anti-trafficking policy deal with the symptoms rather than
the cause of the problem. If states wish to prevent trafficking
in the long term, then they will need to address the root causes
of trafficking and this involves reviewing current international
migration trends and policies.
The majority of trafficked people are migrant workers who are seeking
to escape poverty and discrimination, improve their lives and send
money back to their families. They hear about well-paying jobs abroad
through family, friends or "recruitment agencies", but
once they arrive they find the jobs they were promised do not exist
and are forced to work in conditions they did not agree to.
The lack of regular migration opportunities to take up work in
other countries and the fact that many migrants are looking for
work abroad as a means of survival, rather than an opportunity to
improve their standard of living, has left migrants with little
choice but to rely on smugglers or traffickers in order to access
these jobs.
At the same time there is an increasing demand for migrant workers,
3 particularly in developed countries where
low fertility rates and longer life expectancy are resulting in
an ageing population. This is leading to labour shortages, skills
shortages and an increased tax burden on the working population
in order to support and provide social benefits to the wider population.
The proportion of adults over 60 in high income countries is expected
to increase from 8 per cent to 19 per cent by 2050, while the number
of children will drop by one third. 4
Even if these governments rigorously promote policies to put more
people into the job market (e.g. discouraging early retirement or
improving child care facilities) this will not change the fact that
their economies will become increasingly dependent on migrant workers
in the coming years. In order to stabilise the size of the working
population in the 15 EU member states, there needs to be a net inflow
of some 68 million foreign workers between 2003 and 2050. 5
The demand for migrant workers will be filled by irregular migration
unless policy makers recognise that it is in their national interest
to facilitate and manage this process. Countries of destination
benefit from the contribution migrants make to the economy through
their work, their innovation and their tax contributions. If channels
for regular migration are opened up, migrants will not have to put
themselves in the hands of smugglers and traffickers and will also
be in a better position to defend their labour rights in the receiving
country.
However, uncontrolled migration can have a negative impact on developing
countries, many of which cannot afford to lose their most talented
professionals to satisfy recruitment shortages in developed countries.
Jointly developed migration programmes between countries of origin
and destination can maximise the positive impact of migration on
development while limiting depletion of skilled labour in countries
of origin. These programmes could encourage migrants to return to
the country of origin; include training to enhance the migrants'
skills base while abroad; and facilitate the sharing of information,
contacts and expertise with local staff when they return.
Such programmes should also contain agreements on how to maximise
the impact of remittances. The total value of official remittances
increased from US$60 billion to US$80 billion between 1998 and 2002.
Unofficial remittances, which are sent via private courier systems,
friends or relatives, are likely to be two or three times the official
figure.
Remittances make up a significant proportion of many states's gross
domestic product (GDP) and are a major source of foreign currency.
6 Remittances also have the potential to
promote long term development in low income countries where, on
average, they are larger than overseas development assistance.
Conclusions
Growing inequalities of wealth between and within countries and
an increasing, and often unacknowledged, demand for migrant workers
in both developed and developing countries are fuelling migration.
Many governments have reacted to this by mounting campaigns which
seek to evoke fear in potential migrants and dissuade them from
travelling abroad, and by implementing more restrictive immigration
policies. This response is unlikely to deter migrants who are seeking
work abroad and is likely to increase the profitability of trafficking
and smuggling by reducing regular routes for migration. As the UN
Secretary General stated in a speech on 21 November 2003: "The
more we try to deal with migration simply by clamping down on it
with tighter border controls, the more we find that human rights
are sacrificed - on the journey, at the border, and inside the host
countries."
The promotion of managed migration programmes which fully comply
with the United Nations Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, 1990,
has the potential to:
- Fill labour shortages and offset demographic pressures in countries
of destination
- Promote sustained economic and social development in countries
of origin
- Reduce the number of regular and irregular migrants who are
subjected to trafficking, forced labour and other serious human
rights violations.
In view of the above Anti-Slavery International recommends the
following:
- All states should ratify and implement the United Nations
Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families, 1990.
- All states should ratify and fully implement the United
Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, 2000, including the
provisions outlined in Articles 6, 7 and 8.
- Frameworks for planned migration should always be developed
in consultation with migrants, trade unions and employers so that
they benefit sending and receiving countries, as well as the migrants
themselves.
- There needs to be a clear recognition of the increasing demand
for migrant workers in developed countries and the promotion of
policies which facilitate regular migration and the integration
and acceptance of migrants in the country of destination.
- Measures need to be taken to ensure that migrants' rights are
fully protected in law and in practice (e.g. through legislative
measures, information prior to migration regarding their rights,
unionisation, etc.)
1 For more information see Anti-Slavery International,
The
Migration-Trafficking Nexus: Combating trafficking through the protection
of migrants' human rights, London, 2003.
2 These provisions include: temporary or permanent residency permits;
appropriate housing; information and counselling, in particular
about their legal rights; medical, psychological and material assistance;
employment, education and training opportunities; opportunities
for legal redress and compensation; and due regard being given to
a person's safety when carrying out returns, which should preferably
be voluntary.
3 The number of people residing outside their country of origin
has increased from 105 to 175 million between 1985 and 2000, a 67
per cent increase at a time when the total world population only
increased by 26 per cent. This figure includes migrant workers,
permanent immigrants, refugees and displaced persons, but does not
include irregular migrants. International Organization for Migration,
World Migration 2003, Geneva, p.5.
4 United Nations Populations Division 2002, World Population
Aging 1950-2050, New York. Quoted in Brunson McKinley, Director
General of the IOM, International Migration and Development -
The Potential for a Win-Win-Situation, presentation at G77 Panel
for Migration and Development. New York, 20 June 2003, p.7.
5 International Organization for Migration, World Migration 2003,
op. cit., p.245.
6 In Nicaragua and Yemen remittances make up more than 16 per cent
of GDP and in Lesotho the figure rises to 26.5 per cent. Brunson
McKinley, Director General of the IOM, International Migration
and Development - The Potential for a Win-Win-Situation, op. cit.,
p.9.
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