THE CAMPAIGN TO END SLAVERY IN OUR LIFETIME
Human Trafficking: Crimes Against Humanity (Law Project)
They’re forced to do whatever it takes with whoever asks,
as long as he pays, and they’re forced to do it with
a smile on their face,
a sparkle in their eyes and a moan on their lips…
exactly as trained in the breaking grounds.
- Victor Malarek, Author of The Natashas
Introduction: A History
The term “white slavery” came into effect in 1870 when the famous French writer, Victor Hugo, referred to the international traffic of women and children for sexual exploitation. The word “white” was used to differentiate it from “black slavery”, but also used to inform people that slavery was not abolished throughout the world just yet. In 1902, the International Agreement for the Suppression of White Slave Trade was drafted. Its purpose was to demote the “procuration of women and girls for immoral purposes abroad.” The League of Nations adopted a similar treaty after World War I, replacing the term “white slavery” with “trafficking”.
Throughout the years since trafficking was identified, not much was done to prohibit it legally. The United Nations set up a convention in 1949 known as, The Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, to help solve this tragic issue. Here, trafficking was deemed an infraction towards fundamental human rights. Governments were encouraged to draft laws in order to penalize persons involved in subjecting other human beings to sell their bodies or for living off the profits from this action. Prostitution was labeled immoral as well, due to its close link with human trafficking.
In recent years, human trafficking has evolved into a much bigger pandemic than anticipated. It has grown to become “the third largest moneymaking venture in the world, after illegal weapons and drugs”. Four different waves have aided this business to achieve this status. The fist wave occurred during the 1970s, involving Southeast Asian females, mainly Thai and Filipino. The second wave occurred during the 1980s, consisting of African females, generally from Ghana and Nigeria. The third wave took place shortly after, targeting Latin American females, mostly from Colombia, Brazil, and the Dominican Republic. The fourth wave, the one currently taking place, involves Eastern and Central European females. The collapse of the Soviet Union in 1991 brought numerous troubles to its former citizens, especially with unstable economies emerging. People, especially women and children, became easy prey for traps promoting a better life, a life that would turn into a living nightmare for those ensnared.
Defining Human Trafficking
The International definition of human trafficking, adopted by the United Nations in 2000, goes as follows:
a) Trafficking in persons shall mean 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 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.
The consent of a victim of trafficking in person to the intended exploitation set forth in subparagraph (a) shall be irrelevant where any of the means set forth in subparagraph (a) have been used.
b) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article.
c) Child shall mean any person under eighteen years of age.
Influences On the Trade
So often cars would slow down and people would yell,
“You are a whore. This is no job for a girl like you.”
But they never stopped to ask if they could help me.
- Stefa, Moldavian teenager trafficked into Italy
A better life is all that they want. “Chronic poverty, violence against women and girls, lack of decent work opportunities, coupled with restrictive migration and immigration policies have all played their role in creating multinational trafficking industries.” These explanations are what fuel the unsuspecting victims of human trafficking to risk their lives on chances; chances for jobs.
Advertisements in newspapers, television, radio, and on the internet promote false hope for those looking for it. These advertisements promise a safe passage into a foreign country where high paying jobs are available with no prior work experience needed. The only requirement for the job is that young, single women apply, preferably pretty. An ad in a Kyiv newspaper read, “Girls: Must be single and very pretty. Young and tall. We invite you for work as models, secretaries, dancers, choreographers, gymnasts. Housing is supplied. Foreign posts available. Must apply in person.” Marriage agencies, employment agencies, and visa agencies may also aid in securing foreign employment.
Women are so thrilled with the possibility of being able to provide for their own life that they may leave their families behind, children included. Arrangements for departure consist of training, travel documents, and means of transportation. In reality, approximately only five percent of the job opportunities listed are real , the rest a web of lies, waiting for someone to fall for the bait.
Anti-trafficking information has gained publicity throughout the years, especially in high-risk countries. Numerous amounts of women know not to trust advertisements portrayed in media, though something more dangerous may harm them. Loved ones, along with relatives, neighbours, and acquaintances pose as greater threats; they are usually the first link in the trafficking chain. These are the people trusted in the community, with no worries of them deceiving anybody. A distant relative may invite a female family member to their country for a summer job or a boyfriend suggesting a weekend getaway or a dance instructor organizing a world tour. It may sounds harmless, but the fate that lies for the ones who comply is a horrible one. Kidnapping in also a shared practice for entrapping newcomers, whether it be off the streets, or from an orphanage. Another recruiter for the trade may actually be a trafficked victim. It may be the only way to escape brutality, by providing a replacement or securing benefits and status. It has become common practice for Nigerian victims in Italy to become promoted to recruiters and then pimps. They are deliberately made to collaborate in the deception of other women and children.
Even though stories of victims’ sexual exploitation have circulated, some individuals persist to say that they do their “jobs” willingly. It is true that a handful of women are aware that they will be working in the sex industry, either in massage parlors, strip clubs, peep shows, or escort agencies. Yet, none are aware of the terms and conditions, which they will be living under.
Administration
There was an actual price for touching each part of the body.
Sort of like a meat chart.
The going price was $2 for the breast,
$3 for the buttock and $5 for genital contact.
- Michael Bayer, Special Agent with the U.S. State Department Bureau of Diplomatic Security
Once in the hands of traffickers, there is little hope of salvation. Girls victimized by human trafficking are subjected to modern day slavery. “What I say, goes”, is the common saying behind this awful trade. There is almost nothing that the traumatized can do to stop their abuse, whether it is physical, sexual, or mental. Escape or rescue may be in the back of their minds, but far from reality in their daily lives.
Recruitment may be the first step of trafficking, but it is nothing in comparison to what proceeds. Whether the female is domestically or internationally trafficked, all forms of identification are taken away upon arrival. This is one way of ensuring that the women may not leave their captors. With no identification, she is a nobody and in most cases an illegal immigrant, ready for deportation. They are told that police and other authority figures will either not help them, or will take advantage of them. In the Commonwealth of Independent States, persons with legal and political influence were seen as corrupt and therefore not trusted, many still giving testament to this today. With no assistance, fear grows immensely in the people who need bravery the most. Even those who are strong willed are brought down eventually with the breaking grounds. “One girl refused to submit to anal sex, and that night the owner brought in five men. They held her on the floor and every one of them had anal sex on her,” a testimony given by a Romanian girl enslaved in Serbia.
Countless amounts of girls are subjected to another form of humiliation, their sale. Here, the girls are sold off like cattle at an auction, to the highest bidder. In some cases, they stand naked for hours, while inspected by all sorts of men, who get to “sex-test” them. This is considered the real start of the trafficking trade, where the girl is first considered a commodity. Her owner may do whatever he pleases with her, threatening her family back home if she does not cooperate. No time can be wasted with nonsense; the name of the game is profit. There are no sick days when it comes to servicing ten or more men a day. Going through menstruation, having a yeast infection, or becoming pregnant are no exceptions either. The most suffering endured though, comes from the inside. To keep the girls in constant states of depression and have no anticipation of hope, traffickers isolate them. This keeps the girls under their influence. The girls only socialize with their clients, it is the only human contact they have on a daily basis.
Huge amounts of profit are gained from trafficking women, and with little risk for its organizers, the rewards are even greater. This in turn may lead to debt bondage on the trafficked victims part. Debt bondage “involves the woman being held by her employer until she earns enough money to repay the employer for the expenses he paid to acquire her.” Not only does her cost from sale add up, but her initial transportation, documentation (if falsified), food, shelter, clothing, hygiene products, and other necessities that she may require. Interest also builds up on top of the initial cost, far exceeding what the woman can afford. The trafficked victim therefore has to work to repay her owner, even though she received none of the money that she “owes” in the first place. This entrapment can go on forever, until the trafficker presumes their property to be spoiled or worn out, unable to gain him profit anymore.
Canada’s Role
My opinion is a prostitute is someone who is selling herself.
From that point of view that is what they are.
It is true they definitely do not want to do this.
They are being pushed by their social level of their life.
They’re getting pushed by necessity.
They’re being pushed to survive.
Then maybe they’re not really prostitutes.
- Alon Bar, formally known as Ludwig Fainberg or Tarzan, notorious Israeli mobster
Canada is a world leader in implementing anti-trafficking campaigns, whether it be the legality or morality of it. It has always received a Tier One placement in the Trafficking In Persons Report, conducted by the United States of America. This is an initiative to examine “foreign governments’ efforts to eliminate severe forms of trafficking in persons.” Even with preventative projects in place, Canada cannot eliminate trafficking within its boarders. Vancouver, Winnipeg, Toronto and Montreal, are all destination or transit points for the majority of people trafficked into or within Canada.
One of the most important provisions of human trafficking in Canada is Bill C-49.
On November 25, 2005, it introduced new sections to the Criminal Code of Canada. Section 279.01(1) delineates the trafficking offence, using a similar definition as found in the 2000 UN Protocol. Section 279.01(2) states that a victim’s consent does not serve as a defence for trafficking due to the coercion involved in its nature. Section 279.02 states that procuring is also an offence in trafficking as it is in prostitution. Section 279.03 outlines that withholding or destroying documents of identity or travel is an additional offence to trafficking. Lastly, section 279.04 defines exploitation in terms of fulfilling acts that would lead to “fear for their safety or the safety of someone known to them if they fail to comply.” This Bill also offers an ability to seek compensation to those who underwent bodily or psychological harm as a result of human trafficking. Witness protection is made available as well in conjunction with Bill C-2.
Other legislation referring to human trafficking includes the Immigration and Refugee Protection Act (IRPA). It coincides with Bill C-49 in defining trafficking offences as well as targeting cross-boarder trafficking in persons. There is also a federally led Interdepartmental Working Group on trafficking. Its objective is to harmonize federal attempts in addressing trafficking by reviewing laws, policies, and programmes in addition to keeping up with international commitments. One of these commitments would be the Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children, in accordance with the UN Convention Against Transnational Organized Crime. Canada ratified this protocol in May 2002, instituting that there should be a balance amid law enforcement and victim protection when it comes to trafficking.
Trafficked victims have varying encounters, but their essential needs are the same. To get back into society they should be provided with “protection services (police or witness protection similar to that offered to victims of domestic violence); shelter (emergency shelter, assisted living, or independent housing); health services (short, medium term or long term – including access to public health care, mental health care, detoxification and addiction recovery services); long-term counseling; and economic services (access to welfare, employment, access to education and skill development, language training).” The main providers of support are typically non-governmental organizations since services vary within provincial and territorial jurisdictions, which can be a nuisance. The Federal Department of Citizenship and Immigration however, has made it easier for trafficked persons to apply for temporary resident permits. With this, medical and social counseling as well as health benefits under the Interim Federal Health Program may be obtained. Applying for a work permit is also acceptable with this, providing an opportunity to integrate back into society. Unfortunately, Canada was not always so lenient with illegal immigrants, even if trafficked; deportation and criminal charges were laid. Canadian lawmakers “agreed that a crime and security lens was helpful in getting human trafficking onto the public agenda in the post-September 11 political context when sympathy for migrants was low.” This is not the type of public awareness needed surrounding human trafficking. Not only would publicity help prevent the crime itself, but it would also help victims to know their rights and options.
Conclusion
The vice trade is one which people can, if they wish to, turn a blind eye to,
but I fail to see how we as a mature society can turn our backs on people.
- Simon Humphrey, Chief Superintendent of Scotland Yard
Statistics show that human trafficking generates approximately nine point five billion American dollars a year. With this, it is estimated that up to eight hundred thousand people are trafficked across international borders each year. At the same time, millions more are trafficked within their own boarders. The increasing amount of demand for these slaves is what fuels the system, it is a market-based economy. This is where the poison starts, when people start to see the profit in the human flesh trade. In order to see the level of human trafficking decrease, it is imperative that people's perspectives are modified. The very first legislation prohibiting the purchase of sexual services from a prostitute was passed by the Swedish government in 1999. Not only did they make it a criminal offence, but they also legally treated the woman as a victim.
Prostitution is another highly effective factor that has both positive and negative repercussions for the prevention of human trafficking. It can be debated that by criminalizing it, trafficking has been pushed further underground, increasing the victims’ vulnerability. However, with all policies put in place against human trafficking, it has made the traffickers’ business harder to operate. These traffickers must now contend with new routes for transportation, different means of trafficking, and tighter security. This is attributed to the success of the anti-trafficking campaigns, which allows opportunities for the law enforcement to intervene. If prostitution were legalized, as it is in Germany and the Netherlands since 2000, then it would become harder for trafficking allegations to go through. Proving that there was no consent would become the real problem. In the Canadian Criminal Code, Section 279.0-02, provisions are set forth to eliminate the defense of consent through coercion.
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” These words are what the victims of human trafficking dream of. Regrettably, they are deprived of all of them. Their fundamental rights and freedoms are taken away by people who exploit them in the most horrendous way possible, sexually. With the sale of their bodies, numerous amounts of women are broken down physically and emotionally. From the very beginning of their journey as victims: the coercion, the sale, and the working of a modern day slave, it has brought the women further away from the life they are meant to have. It is a life everyone deserves, but is only an empty promise in the eyes of trafficked persons.
Works Cited
Barnett, Laura, comp. "Bill C-49: an Act to Amend the Criminal Code (Trafficking In Persons)." Library of Parliament. 12 July 2006. Law and Government Division. 26 Mar. 2008 .
Barnett, Laura, comp. "Trafficking in Persons." Library of Parliament. 26 June 2007. Law and Government Division. 17 Mar. 2008 .
Batstone, David. Not for Sale: the Return of the Global Slave Trade and How We Can Fight It. New York: Harper San Francisco, 2007.
Canada. Department of Justice. Canadian Charter of Rights and Freedoms. 17 Apr. 1982. 2 Apr. 2008 .
Cherry, Tamara. "Human Face to Sex Slavery in the GTA." The Toronto Sun 10 Feb. 2008: 16.
Department Of Public Info, comp. "We the People of the United Nations Determine..." The United Nations. May 2007. 13 Nov. 2007 .
"Human Trafficking: an Educational Guide for Viewers." Lifetime Television. 2005. 4 Mar. 2005 .
"La Strada and Trafficking in Ukraine." La Strada Ukraine. 1997. Brama Inc. 3 Nov. 2007 .
Malarek, Victor. The Natashas: Inside the New Global Sex Trade. Toronto: Viking Canada, 2003.
Ortiz, Souphansa. "White Slavery and Sex Trafficking in Buenos Aires." The Sextant. Summer 2007. Christopher Newport University History Department. 1 Mar. 2008 .
Oxman-Martinez, J, M Lacroix, and J Hanley. "Victims of Trafficking in Persons: Perspectives." Quebec Metropolis Centre. 2005. Department of Justice, Research and Statistics Division. 29 May 2008 .
"Trafficking in Persons Report." U.S. Department of State. 12 June 2007. Office to Monitor and Combat Trafficking in Persons. 6 Mar. 2008 .
Waugh, Louisa. Selling Olga: Stories of Human Trafficking and Resistance. London: Weidenfeld &Nicolson: Orion Group Ltd, 2006.
Woolf, Linda M. "Sex Trafficking." Webster University. 14 Mar. 2008 .
as long as he pays, and they’re forced to do it with
a smile on their face,
a sparkle in their eyes and a moan on their lips…
exactly as trained in the breaking grounds.
- Victor Malarek, Author of The Natashas
Introduction: A History
The term “white slavery” came into effect in 1870 when the famous French writer, Victor Hugo, referred to the international traffic of women and children for sexual exploitation. The word “white” was used to differentiate it from “black slavery”, but also used to inform people that slavery was not abolished throughout the world just yet. In 1902, the International Agreement for the Suppression of White Slave Trade was drafted. Its purpose was to demote the “procuration of women and girls for immoral purposes abroad.” The League of Nations adopted a similar treaty after World War I, replacing the term “white slavery” with “trafficking”.
Throughout the years since trafficking was identified, not much was done to prohibit it legally. The United Nations set up a convention in 1949 known as, The Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, to help solve this tragic issue. Here, trafficking was deemed an infraction towards fundamental human rights. Governments were encouraged to draft laws in order to penalize persons involved in subjecting other human beings to sell their bodies or for living off the profits from this action. Prostitution was labeled immoral as well, due to its close link with human trafficking.
In recent years, human trafficking has evolved into a much bigger pandemic than anticipated. It has grown to become “the third largest moneymaking venture in the world, after illegal weapons and drugs”. Four different waves have aided this business to achieve this status. The fist wave occurred during the 1970s, involving Southeast Asian females, mainly Thai and Filipino. The second wave occurred during the 1980s, consisting of African females, generally from Ghana and Nigeria. The third wave took place shortly after, targeting Latin American females, mostly from Colombia, Brazil, and the Dominican Republic. The fourth wave, the one currently taking place, involves Eastern and Central European females. The collapse of the Soviet Union in 1991 brought numerous troubles to its former citizens, especially with unstable economies emerging. People, especially women and children, became easy prey for traps promoting a better life, a life that would turn into a living nightmare for those ensnared.
Defining Human Trafficking
The International definition of human trafficking, adopted by the United Nations in 2000, goes as follows:
a) Trafficking in persons shall mean 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 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.
The consent of a victim of trafficking in person to the intended exploitation set forth in subparagraph (a) shall be irrelevant where any of the means set forth in subparagraph (a) have been used.
b) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article.
c) Child shall mean any person under eighteen years of age.
Influences On the Trade
So often cars would slow down and people would yell,
“You are a whore. This is no job for a girl like you.”
But they never stopped to ask if they could help me.
- Stefa, Moldavian teenager trafficked into Italy
A better life is all that they want. “Chronic poverty, violence against women and girls, lack of decent work opportunities, coupled with restrictive migration and immigration policies have all played their role in creating multinational trafficking industries.” These explanations are what fuel the unsuspecting victims of human trafficking to risk their lives on chances; chances for jobs.
Advertisements in newspapers, television, radio, and on the internet promote false hope for those looking for it. These advertisements promise a safe passage into a foreign country where high paying jobs are available with no prior work experience needed. The only requirement for the job is that young, single women apply, preferably pretty. An ad in a Kyiv newspaper read, “Girls: Must be single and very pretty. Young and tall. We invite you for work as models, secretaries, dancers, choreographers, gymnasts. Housing is supplied. Foreign posts available. Must apply in person.” Marriage agencies, employment agencies, and visa agencies may also aid in securing foreign employment.
Women are so thrilled with the possibility of being able to provide for their own life that they may leave their families behind, children included. Arrangements for departure consist of training, travel documents, and means of transportation. In reality, approximately only five percent of the job opportunities listed are real , the rest a web of lies, waiting for someone to fall for the bait.
Anti-trafficking information has gained publicity throughout the years, especially in high-risk countries. Numerous amounts of women know not to trust advertisements portrayed in media, though something more dangerous may harm them. Loved ones, along with relatives, neighbours, and acquaintances pose as greater threats; they are usually the first link in the trafficking chain. These are the people trusted in the community, with no worries of them deceiving anybody. A distant relative may invite a female family member to their country for a summer job or a boyfriend suggesting a weekend getaway or a dance instructor organizing a world tour. It may sounds harmless, but the fate that lies for the ones who comply is a horrible one. Kidnapping in also a shared practice for entrapping newcomers, whether it be off the streets, or from an orphanage. Another recruiter for the trade may actually be a trafficked victim. It may be the only way to escape brutality, by providing a replacement or securing benefits and status. It has become common practice for Nigerian victims in Italy to become promoted to recruiters and then pimps. They are deliberately made to collaborate in the deception of other women and children.
Even though stories of victims’ sexual exploitation have circulated, some individuals persist to say that they do their “jobs” willingly. It is true that a handful of women are aware that they will be working in the sex industry, either in massage parlors, strip clubs, peep shows, or escort agencies. Yet, none are aware of the terms and conditions, which they will be living under.
Administration
There was an actual price for touching each part of the body.
Sort of like a meat chart.
The going price was $2 for the breast,
$3 for the buttock and $5 for genital contact.
- Michael Bayer, Special Agent with the U.S. State Department Bureau of Diplomatic Security
Once in the hands of traffickers, there is little hope of salvation. Girls victimized by human trafficking are subjected to modern day slavery. “What I say, goes”, is the common saying behind this awful trade. There is almost nothing that the traumatized can do to stop their abuse, whether it is physical, sexual, or mental. Escape or rescue may be in the back of their minds, but far from reality in their daily lives.
Recruitment may be the first step of trafficking, but it is nothing in comparison to what proceeds. Whether the female is domestically or internationally trafficked, all forms of identification are taken away upon arrival. This is one way of ensuring that the women may not leave their captors. With no identification, she is a nobody and in most cases an illegal immigrant, ready for deportation. They are told that police and other authority figures will either not help them, or will take advantage of them. In the Commonwealth of Independent States, persons with legal and political influence were seen as corrupt and therefore not trusted, many still giving testament to this today. With no assistance, fear grows immensely in the people who need bravery the most. Even those who are strong willed are brought down eventually with the breaking grounds. “One girl refused to submit to anal sex, and that night the owner brought in five men. They held her on the floor and every one of them had anal sex on her,” a testimony given by a Romanian girl enslaved in Serbia.
Countless amounts of girls are subjected to another form of humiliation, their sale. Here, the girls are sold off like cattle at an auction, to the highest bidder. In some cases, they stand naked for hours, while inspected by all sorts of men, who get to “sex-test” them. This is considered the real start of the trafficking trade, where the girl is first considered a commodity. Her owner may do whatever he pleases with her, threatening her family back home if she does not cooperate. No time can be wasted with nonsense; the name of the game is profit. There are no sick days when it comes to servicing ten or more men a day. Going through menstruation, having a yeast infection, or becoming pregnant are no exceptions either. The most suffering endured though, comes from the inside. To keep the girls in constant states of depression and have no anticipation of hope, traffickers isolate them. This keeps the girls under their influence. The girls only socialize with their clients, it is the only human contact they have on a daily basis.
Huge amounts of profit are gained from trafficking women, and with little risk for its organizers, the rewards are even greater. This in turn may lead to debt bondage on the trafficked victims part. Debt bondage “involves the woman being held by her employer until she earns enough money to repay the employer for the expenses he paid to acquire her.” Not only does her cost from sale add up, but her initial transportation, documentation (if falsified), food, shelter, clothing, hygiene products, and other necessities that she may require. Interest also builds up on top of the initial cost, far exceeding what the woman can afford. The trafficked victim therefore has to work to repay her owner, even though she received none of the money that she “owes” in the first place. This entrapment can go on forever, until the trafficker presumes their property to be spoiled or worn out, unable to gain him profit anymore.
Canada’s Role
My opinion is a prostitute is someone who is selling herself.
From that point of view that is what they are.
It is true they definitely do not want to do this.
They are being pushed by their social level of their life.
They’re getting pushed by necessity.
They’re being pushed to survive.
Then maybe they’re not really prostitutes.
- Alon Bar, formally known as Ludwig Fainberg or Tarzan, notorious Israeli mobster
Canada is a world leader in implementing anti-trafficking campaigns, whether it be the legality or morality of it. It has always received a Tier One placement in the Trafficking In Persons Report, conducted by the United States of America. This is an initiative to examine “foreign governments’ efforts to eliminate severe forms of trafficking in persons.” Even with preventative projects in place, Canada cannot eliminate trafficking within its boarders. Vancouver, Winnipeg, Toronto and Montreal, are all destination or transit points for the majority of people trafficked into or within Canada.
One of the most important provisions of human trafficking in Canada is Bill C-49.
On November 25, 2005, it introduced new sections to the Criminal Code of Canada. Section 279.01(1) delineates the trafficking offence, using a similar definition as found in the 2000 UN Protocol. Section 279.01(2) states that a victim’s consent does not serve as a defence for trafficking due to the coercion involved in its nature. Section 279.02 states that procuring is also an offence in trafficking as it is in prostitution. Section 279.03 outlines that withholding or destroying documents of identity or travel is an additional offence to trafficking. Lastly, section 279.04 defines exploitation in terms of fulfilling acts that would lead to “fear for their safety or the safety of someone known to them if they fail to comply.” This Bill also offers an ability to seek compensation to those who underwent bodily or psychological harm as a result of human trafficking. Witness protection is made available as well in conjunction with Bill C-2.
Other legislation referring to human trafficking includes the Immigration and Refugee Protection Act (IRPA). It coincides with Bill C-49 in defining trafficking offences as well as targeting cross-boarder trafficking in persons. There is also a federally led Interdepartmental Working Group on trafficking. Its objective is to harmonize federal attempts in addressing trafficking by reviewing laws, policies, and programmes in addition to keeping up with international commitments. One of these commitments would be the Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children, in accordance with the UN Convention Against Transnational Organized Crime. Canada ratified this protocol in May 2002, instituting that there should be a balance amid law enforcement and victim protection when it comes to trafficking.
Trafficked victims have varying encounters, but their essential needs are the same. To get back into society they should be provided with “protection services (police or witness protection similar to that offered to victims of domestic violence); shelter (emergency shelter, assisted living, or independent housing); health services (short, medium term or long term – including access to public health care, mental health care, detoxification and addiction recovery services); long-term counseling; and economic services (access to welfare, employment, access to education and skill development, language training).” The main providers of support are typically non-governmental organizations since services vary within provincial and territorial jurisdictions, which can be a nuisance. The Federal Department of Citizenship and Immigration however, has made it easier for trafficked persons to apply for temporary resident permits. With this, medical and social counseling as well as health benefits under the Interim Federal Health Program may be obtained. Applying for a work permit is also acceptable with this, providing an opportunity to integrate back into society. Unfortunately, Canada was not always so lenient with illegal immigrants, even if trafficked; deportation and criminal charges were laid. Canadian lawmakers “agreed that a crime and security lens was helpful in getting human trafficking onto the public agenda in the post-September 11 political context when sympathy for migrants was low.” This is not the type of public awareness needed surrounding human trafficking. Not only would publicity help prevent the crime itself, but it would also help victims to know their rights and options.
Conclusion
The vice trade is one which people can, if they wish to, turn a blind eye to,
but I fail to see how we as a mature society can turn our backs on people.
- Simon Humphrey, Chief Superintendent of Scotland Yard
Statistics show that human trafficking generates approximately nine point five billion American dollars a year. With this, it is estimated that up to eight hundred thousand people are trafficked across international borders each year. At the same time, millions more are trafficked within their own boarders. The increasing amount of demand for these slaves is what fuels the system, it is a market-based economy. This is where the poison starts, when people start to see the profit in the human flesh trade. In order to see the level of human trafficking decrease, it is imperative that people's perspectives are modified. The very first legislation prohibiting the purchase of sexual services from a prostitute was passed by the Swedish government in 1999. Not only did they make it a criminal offence, but they also legally treated the woman as a victim.
Prostitution is another highly effective factor that has both positive and negative repercussions for the prevention of human trafficking. It can be debated that by criminalizing it, trafficking has been pushed further underground, increasing the victims’ vulnerability. However, with all policies put in place against human trafficking, it has made the traffickers’ business harder to operate. These traffickers must now contend with new routes for transportation, different means of trafficking, and tighter security. This is attributed to the success of the anti-trafficking campaigns, which allows opportunities for the law enforcement to intervene. If prostitution were legalized, as it is in Germany and the Netherlands since 2000, then it would become harder for trafficking allegations to go through. Proving that there was no consent would become the real problem. In the Canadian Criminal Code, Section 279.0-02, provisions are set forth to eliminate the defense of consent through coercion.
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” These words are what the victims of human trafficking dream of. Regrettably, they are deprived of all of them. Their fundamental rights and freedoms are taken away by people who exploit them in the most horrendous way possible, sexually. With the sale of their bodies, numerous amounts of women are broken down physically and emotionally. From the very beginning of their journey as victims: the coercion, the sale, and the working of a modern day slave, it has brought the women further away from the life they are meant to have. It is a life everyone deserves, but is only an empty promise in the eyes of trafficked persons.
Works Cited
Barnett, Laura, comp. "Bill C-49: an Act to Amend the Criminal Code (Trafficking In Persons)." Library of Parliament. 12 July 2006. Law and Government Division. 26 Mar. 2008 .
Barnett, Laura, comp. "Trafficking in Persons." Library of Parliament. 26 June 2007. Law and Government Division. 17 Mar. 2008 .
Batstone, David. Not for Sale: the Return of the Global Slave Trade and How We Can Fight It. New York: Harper San Francisco, 2007.
Canada. Department of Justice. Canadian Charter of Rights and Freedoms. 17 Apr. 1982. 2 Apr. 2008 .
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Comment
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Comment by roxy luciw on March 30, 2009 at 9:49am - in the original there are footnotes, but here they did'nt show up. if anyone wants to know where i got a specific stat or some information in general then just ask me
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