Who gets to choose? Coercion, consent, and the UN Trafficking Protocol

Doezema, Jo

doi:10.1080/13552070215897

Cited by 170 publications

(90 citation statements)

References 2 publications

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“…Divisiveness within the movement is widespread and has permeated feminist NGO networks, state delegations that are working to pass international legislation, and national governments that are working to pass national legislation (Kempadoo et al 2005;Lobasz 2009;Doezema 2002;Doezema 2005;Doezema 2010;Outshoorn 2005). This divisiveness was apparent The problem with this consent-coercion debate is that it often focuses attention on the wrong end of the issue.…”

Section: Pornography Prostitution and Trafficking In Southern Africamentioning

confidence: 99%

“…In some cases, these instruments have led to the harassment of prostitutes and migrants by law enforcement officials attempting to end trafficking. This conflation of prostitution and human trafficking has also "led to restrictions on movement and migration for women, increased surveillance of sex workers, and increased deportation of migrant sex workers" (Doezema 2002).…”

Section: Pornography Prostitution and Trafficking In Southern Africamentioning

confidence: 99%

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Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms

Britton

Dean

2014

Hum Rights Rev

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Human trafficking is increasingly recognized as an outcome of economic insecurity, gender inequality, and conflict, all significant factors in the region of southern Africa. This paper examines policy responses to human trafficking in southern Africa and finds that there has been a diffusion of international norms to the regional and domestic levels. This paper finds that policy change is most notable in the strategies and approaches that differ at each level: international and regional agreements emphasize prevention measures and survivor assistance, but national policies emphasize prosecution measures. Leaders across the region have adapted these policy norms to fit regionally specific conditions, including HIV/AIDS, conflict, traditional leaders, and prostitution. Yet, national policies often fail to incorporate preventative solutions to address gender inequality, human rights, and economic development. Until appropriate funding and preventative measures are introduced, the underlying issues that foster human trafficking will continue. KeywordsNorms diffusion -Human trafficking -Southern African Development Community -ProstitutionChild trafficking 2 This paper examines policy approaches used to address human trafficking in southern Africa. 1 We argue that the theories of international norm diffusion and localization Human trafficking and gender-based violence are extremely prevalent in post-conflict societies as unexpected and lasting consequences of war. Facilitated by poverty, disruption in social structures, and discriminatory gender systems, human trafficking poses a threat to human security in Africa by challenging the rule of law, societal peace, and the welfare state (Jonsson 2009). Many southern African countries experienced protracted civil conflict in their quest to gain independence from colonial and apartheid powers during the latter half of the 20 th century. Now, more than two decades after liberation in most countries, the legacies of war and racial and gender inequality remain. There have been successful, national-level public initiatives to increase women's representation in national office, implement democratic institutions, and support transformative development programs. Despite these initiatives, the region still faces significant gender inequality, economic disparity, and interpersonal violence at the grassroots and household level. This context creates an enabling environment for human trafficking. The region is increasingly being utilized as a source of trafficked persons, a transit hub for trafficking networks, and a destination for trafficked persons and sex trafficking. for understanding how trafficking policies are being developed in southern Africa, and these support for this study. We especially thank Larry Hoyle of IPSR for his assistance in the use of Atlas.ti. We also wish to thank Alexandria Innes for her assistance with the French translation. We are grateful to the helpful comments from members of the Continuity, Change, and Credibility of Institutions (CCCI) Wor...

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Section: Pornography Prostitution and Trafficking In Southern Africamentioning

confidence: 99%

Section: Pornography Prostitution and Trafficking In Southern Africamentioning

confidence: 99%

Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms

Britton

Dean

2014

Hum Rights Rev

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“…The vast majority of migrants have some agency, and it is unusual for them not to have any choice or receive any benefit in the process. Migrant women working in prostitution are, however, often framed a priori as victims of trafficking without any agency, even when it was their own decision to work in the sex industry (Doezema 2002;Andrijasevic 2004).…”

Section: Smuggling/traffickingmentioning

confidence: 99%

Illegal Migration and Gender in a Global and Historical Perspective

Quispel¹,

Lucassen²,

Schrover³

et al. 2008

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“…In particular, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (hereafter, the Protocol) has been co-opted to reinforce existing international debates regarding the disputed relationship between prostitution and the sexual exploitation of women and girls, with some groups engaged in the debates conflating human trafficking, sexual exploitation, and sex work (Doezema, 2002;Hua & Nigorizawa, 2010;Sanghera, 2005;Soderlund, 2005;Thorbek & Pattanaik, 2002). These debates, and the problematic discursive conflation between human trafficking and sex work, has impacted the resulting im-plementation of laws at the domestic state level, limiting not only the advancement of provisions to protect the rights of individuals working in sex industries (Chapkis, 2004;Doezema, 2010;Hua, 2011;Jordan, 2002b;Sanghera, 2005;Soderlund, 2005), but also the implementation of measures that address other forms of exploitation 1 Act 2013), have identified and addressed forced labour as a specific criminal offence within, or outside of, broader anti-trafficking legislation, Canada relies on a "catch-all" trafficking offence that does not delineate specific forms of exploitation.…”

Section: Introductionmentioning

confidence: 99%

The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

Kaye

Hastie

2015

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Despite early ratification of the United Nations Trafficking in Persons Protocol, the Criminal Code offence of trafficking in persons in Canada has received little analytical or interpretive attention to date. Adopted in 2005, this offence has resulted in successful convictions in a limited number of cases and criminal justice authorities have continued to rely on alternate or complementary charges in cases of human trafficking. In particular, prosecutions for cases involving non-sexual labour trafficking remain extremely low. This article provides a socio-legal examination of why the offence of trafficking in persons in Canada is under-utilized in labour trafficking cases. Based on an analysis of data generated from 56 one-on-one interviews gathered from a variety of actors involved in counter trafficking response mechanisms and a legal examination of the key components of the offence, we argue that definitional challenges have resulted in narrow understandings and problematic interpretations of the Criminal Code offence. Such narrow interpretations have resulted in restricted applicability, particularly in cases of labour trafficking. More broadly, the article points to the need to address the limitations of the Criminal Code while formulating responses to trafficking that are not dependent on criminal law.

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Who gets to choose? Coercion, consent, and the UN Trafficking Protocol

Cited by 170 publications

References 2 publications

Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms

Policy Responses to Human Trafficking in Southern Africa: Domesticating International Norms

Illegal Migration and Gender in a Global and Historical Perspective

The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

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