Justice for victims of human trafficking in Australia? Issues associated with Australia’s criminal justice response to trafficking in persons

Australia has witnessed an increase in human trafficking cases in recent years, most of which have involved women trafficked for sexual exploitation. In response, and within the framework of the United Nations Protocol to Prevent and Suppress Trafficking in Persons, especially Women and Children, Australia has introduced legislation to combat human trafficking and punish traffickers. However, the number of prosecutions of human trafficking offences in Australia has, to date, been low. Drawing on the available literature, this article sets out to explore the reasons for this, which the paper argues have largely centered on Australia’s previously restrictive visa framework for trafficking victims. The paper also explores other obstacles and barriers to successful prosecutions, such as issues associated with discrediting and attacking vulnerable witnesses, and lengthy and complex trials. The paper argues that Australia needs to increase its efforts to meet the obligations set out by the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking, and to balance its priorities regarding prosecution and victim protection.     

The Impact of Safe Harbor Legislation on Court Proceedings Involving Sex Trafficked Youth: A Qualitative Investigation of Judicial Perspectives

The passage of the Trafficking Victims Protection Act (TVPA) facilitated the conceptual shift in reframing youth involved in sex trafficking as victims, rather than criminals. Many states have passed legislation in the form of Safe Harbor laws to protect sex trafficked juveniles from criminal charges and provide rehabilitative services (Polaris, 2015). Nevertheless, limited research has examined the impact of Safe Harbor laws and the role juvenile and family court judges play in how minor victims of sex trafficking are treated by the court system. Consequently, the purpose of this qualitative study was to examine juvenile and family court judges’ knowledge and perceptions of Safe Harbor legislation and identify legal challenges when presiding over cases involving sexually exploited youth. Semi‐structured interviews were conducted with a national sample (N = 82) of family and juvenile court judges. Findings suggest that respondents perceive Safe Harbor laws to have positively affected both attitudes and practices, although several challenges and unintended negative effects were identified. Further, dispositional issues, difficulties with case identification, legal and policy issues, and challenges with interagency collaboration were identified as ongoing issues to address. Legal implications as well as practice and policy considerations based on the study findings are discussed.     

“Curiosity and a Pimp”: Exploring Sex Trafficking Victimization in Experiences of Entering Sex Trade Industry Work Among Participants in a Prostitution Diversion Program

This mixed-methods study explored entry into the sex trade industry and experiences of sex trafficking victimization among 478 adult women enrolled in a prostitution diversion program in a large southwestern state. Written responses to several open-ended survey questions were coded using a template approach to content analysis wherein a priori codes were identified based on characteristics of sex trafficking victimization identified in the Victims of Trafficking and Violence Protection Act of 2000 (U.S. Department of State, 2000 U.S. Department of State. (2000). Victims of Trafficking and Violence Protection Act of 2000. Retrieved from http://www.state.gov/j/tip/laws/61124.htm [Google Scholar]). Findings revealed that approximately one third of participants (n = 161) described sex trafficking experiences on entry into the sex trade industry, and quantitative analysis revealed that women who experienced sex trafficking as part of entering the sex trade industry were more likely to report abuse during childhood and adulthood, to report gang involvement, and to be involved in multiple types of sex trade industry work. Implications for policy and practice are discussed.     

Smuggling and Trafficking in Human Beings: The Phenomenon, The Markets that Drive It and the Organisations that Promote It

This article will define the concepts of smuggling and trafficking in human beings and discuss the difficulty in applying the definition. The magnitude and scope of the problem will be examined as well as its causes. Trafficking in human beings will be analysed as an illegal market, particularly with reference to its relationship with other illegal markets and the involvement of organised crime groups. The phenomenon will be discussed in more depth focusing on countries and regions where projects are currently being implemented under the auspices of the United Nations Global Programme against Trafficking in Human Beings. The discussion closes with an overview of situations which facilitate the practice, and current measures and recommendations to stem the tide of smuggling and trafficking.     

Hardened professional criminals,or just friends and relatives? The diversity of offenders in human trafficking

ABSTRACT

Human trafficking has been extensively discussed, studied and debated over the past 20 years, but many misleading images and stereotypes still exist regarding trafficking, its victims and its perpetrators. Trafficking is often framed as a problem of organised crime. The article problematises (1) the stereotypical images of perpetrators and (2) the involvement of organised crime in human trafficking, particularly in Finland, drawing on court cases that deal with trafficking in human beings. The article analyses, on the one hand, the characteristics of detected traffickers by reflecting the findings against the image of the ideal offender and, on the other hand, the role and involvement of organised crime in human trafficking. The article concludes that most convicted traffickers are not so-called ideal offenders. The variety of traffickers involved in the cases studied does not correspond very well to the rather stereotypical and oversimplified image of traffickers and ideal offenders.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

(Re)configuring the criminal justice response to human trafficking: a complex-systems perspective

Abstract

The multidimensional complexities associated with the criminal justice response to human trafficking are well documented. The transient and subversive nature of human trafficking as organised crime and the large number of multidisciplinary role-players involved in coordinating cross jurisdictional efforts to prevent, investigate and prosecute such cases, contribute to this complex undertaking. Complex systems theory suggests that a complex social problem such as human trafficking cannot be approached by using a linear or simplified lens, and requires a holistic perspective on the complex interactions between actors, and emergent behaviour in both the criminal justice system and the human trafficking system that it seeks to combat. This paper explores the characteristics of complexity, and uses illustrations from the lived experiences of actors in South Africa’s efforts to combat human trafficking, in order to demonstrate how complex systems theory could be considered and integrated into the criminal justice response to human trafficking.     

Are Protection Policies for Human Trafficking Victims Effective? An Analysis of the Italian Case

Since the 1990s trafficking in human beings has increasingly become a priority in the international and European policy agenda. The international community took action against it with the United Nations Protocol against Trafficking (2000), the Council of Europe Convention on Action Against Trafficking in Human Beings (2005) and the Directive 2011/36/EU of the European Parliament and of the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims. In the same period the number of studies and research works on it has increased. Nevertheless, some of the most important research questions remain almost unanswered. In particular, there is a paucity of data about the effectiveness of the policies against human trafficking. This paper provides some knowledge in this field. In particular it presents some considerations on the effectiveness of the Italian policies on the protection of and assistance to victims in the period 2000–2008. The data analysis suggests that the effectiveness varied across years and that the entry of Romania in the European Union, apparently, had an impact on the phenomenon and on the policies effectiveness. The lesson to be learned is that under the umbrella of human trafficking very different situations, changing across time and countries, coexist. In order to be effective a national policy should be capable of a) planning actions which take into account the national characteristics of human trafficking; b) monitoring whether and how the phenomenon has changed and change the policies accordingly.     

CHILD TRAFFICKING: INTERNATIONAL INSTRUMENTS TO PROTECT THE MOST VULNERABLE VICTIMS

Trafficking in persons is the fastest growing form of organized crime, because it is less risky than drug or arms trafficking 1 and guarantees astonishing profits ranging between 8.5 and 12 billion Euros per year. 2 The new slave trade is related to extreme poverty, lack of access to resources, unemployment, and poor education, and because of the marginalization of women in society and the feminization of poverty, it obviously affects especially women and children. This article aims at investigating the phenomenon of child trafficking and the most common forms of exploitation and at reviewing the most significant international conventions and special mechanisms that guarantee the protection of child victims’ basic human rights.     

Where are all the victims?

Research Summary The passage of new laws that criminalize the trafficking of persons for labor and sexual services has raised public awareness about the problem of human trafficking. In response, police must understand the problem, identify human trafficking victims, and make arrests. The numbers of victims identified to date, however, has paled in comparison with official estimates, which leads some to question the existence of a human trafficking problem. Missing from this debate is information about how frequently police encounter human trafficking and how well prepared officers are to handle these cases. Analyzing survey responses from a national sample of police agencies in the United States, we found that less than 10% of police agencies identified human trafficking cases from 2000 to 2006. Larger agencies were more likely to identify cases of human trafficking but the agency leader perception about the problem in their local communities as well as taking steps to prepare officers to identify and respond were the most important factors to increasing human trafficking identification by police. Policy Implications This study provides much needed information about why U.S. officials have identified so few human trafficking victims. By understanding how often and under what conditions police find, investigate, and prosecute cases of human trafficking we will be in a better position to identify and overcome barriers to police responses to trafficking and understand the limitations of official statistics about human trafficking. Data from a national survey also provide a baseline measure of police identification of human trafficking against which we can gauge the progress of future anti-trafficking efforts.     

Quantitative indices for anti-human trafficking policies: based on reports of the U.S. State Department and the Council of Europe

Quantitative ratings of policies of national governments are an important tool for the monitoring of compliance with international standards in many domains. In this article we present a global index of anti-human trafficking policies developed by a research consortium using the TIP country reports of the U.S. State Department (the 3P index) and an index based on the reports of the monitoring body of the Council of Europe Convention against Human Trafficking (GRETA). Although the global 3P index gives more favorable ratings to most European countries than the GRETA-based index, a moderately strong correlation was found between the two indices. This is an encouraging result lending support to the validity of the assessments of both monitoring mechanisms as well as to their transformation into quantitative scores. We also demonstrate that the detailed GRETA-based index can be used to identify best practices in anti-trafficking policies and specific areas where these policies are most in need of improvement, e.g. legal aid and compensation for victims. Our analyses of the relationships between the various items of the index revealed positive correlations between the existence of units of specialized prosecutors and the numbers of convictions of traffickers. Our paper, then, demonstrates the potential of quantitative indices of counter human trafficking policies as tools for both effective monitoring of the implementation of international standards and for analytical purposes.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

Interpreting the U.S. Human Trafficking Debate Through the Lens of Symbolic Politics

By enacting the Trafficking Victims Protection Act of 2000, U.S. policymakers acknowledged trafficking in persons as criminal behavior, punishable under federal law. The legislation was developed through the congressional policy-making process, usually studied from the perspective of who gets what, when, and how. To expand our understanding of criminal justice policymaking, this article analyzes the act from an alternative perspective—symbolic politics. It examines how the act performs symbolic functions identified in the criminal justice literature—reassuring the law abiding/threatening the lawbreaker, communicating a moral message, providing a model for the states, and educating about a problem.     

China’s stolen children: internal child trafficking in the People’s Republic of China

Trafficking in children has attracted worldwide attention in the last two decades primarily due to its links with global migratory movements and the role ‘transnational organised crime’ is perceived to play in these. Internal trafficking is largely ignored primarily because of a preoccupation with cross-border, transnational migratory movements. Arguably, the growth of the relevant literature has given rise to certain widespread perceptions about the uniformity in the trade characteristics and actors under the common rubric of ‘trafficking in human beings’. By capitalising on direct linguistic access to a wide range of Chinese open sources, the purpose of the article is to offer an account of the various dimensions of the issue as they present themselves in the particular Chinese context. Our main concern has been to perform a systematic presentation of this material in light of the extant wider literature. In the Chinese case the combination of socioeconomic, political and cultural factors set a complex picture that highlights the shortcomings of dominant ways of thinking about the phenomenon. This complex picture serves usefully to cast doubts with regard to how the criminal activity itself is being conceptualised as well as to perceptions of victimisation embodied in current discourses on human trafficking.     

A feminist analysis of the American criminal justice system’s response to human trafficking

While criminological and criminal justice scholars have made important contributions to human trafficking literature, to date, such scholarship has been devoid of a feminist analysis of the topic as scholars have spent little time reflecting on how patriarchy impacts the criminal justice system’s response to human trafficking. Such examination is necessary to understand how the issue of patriarchy impacts criminal justice system approaches to the crime as well as the outcomes of such anti-human trafficking efforts. It is argued the influence of patriarchy on criminal justice system policy development and practice undermines the system’s anti-human trafficking efforts.     

Continuities in the Prediction of Human Trafficking: A Research Note

The stated purposes of this paper are twofold: 1) to build upon Bales’ (2007) earlier paper regarding the factors that predict human trafficking by adding transit countries to the analysis, which included origin and destination countries; and, 2) to demonstrate the efficacy of using the Global Programme Against Trafficking (GPAT) database sponsored by the United Nations Office on Drugs and Crime (UNODC) in ongoing trafficking research, especially when the country is the unit of analysis. Bales (2007) and this research used different sets of measures, with some overlap. So it was not surprising that the results were mixed. Both Bales (2007) and this study identified governmental corruption and the percentage of the population under fourteen years of age as the two top predictors of trafficking from a country. This study identified the percentage of the population under fourteen as the primary predictor of trafficking through transit countries, a category Bales did not include in his study. Bales reported that the proportion of the country's population over 60 years old and corruption were the two strongest predictors of trafficking to a destination country. By way of contrast, this study found that the Human Development Index and the total population measure were the strongest predictors of trafficking to a destination country. Overall this study suggested the need to conduct more research with the data currently available in sources like the GPAT before making global policy recommendations.     

Traffic violations: determining the meaning of violence in sexual trafficking versus sex work

This contribution will consider the current linkages among migration, sex work, trafficking in persons, and violence. Efforts to end trafficking in persons are perhaps the most important contribution to antiviolence program design in the global arena over the past decade. Significant funding and technical assistance are flowing to organizations to prevent and alleviate the effects of trafficking, and new legislative regimes have been established within countries and globally (e.g., the 2002 UN Crimes Commission's Protocolon Trafficking in Persons). To explore how trafficking and international sex trade issues converge, the author draws on participant observation in international debates such as Beijing Plus Five and the Crimes Commission from 2000 to 2001, on interviews with key figures in the antitrafficking world and with sex-worker rights advocates, and on program documentation.     

Trafficking in Women for Prostitution in Israel: A Follow‐up Analysis

Abstract: Israel has been criticized by the UN, USA, and international organizations for turning a “blind eye'’ to human trafficking within its borders. In response, the Parliamentary Committee of Inquiry on Trafficking in Women (2005) outlined a four‐year multi‐ agency response. Israel's anti‐trafficking policy now pursues a coordinated effort across the Ministry of Public Security, Justice Ministry, Judiciary, Ministries of Welfare, Health and Interior, and the Foreign Ministry. Israel no longer turns a “blind eye'’ to trafficking in women for prostitution.     

Regulating forced labour and combating human trafficking: the relevance of historical definitions in a contemporary perspective

Forced labour has been regulated since 1930 on the basis of the ILO Convention on Forced Labour, and since 1957 on the basis of the ILO Abolition of Forced Labour Convention. In 2000 forced labour was included as one form of exploitation covered by the UN Trafficking Protocol, which situated trafficking into a context of transnational organised crime. In 2014 the ILO adopted a Protocol on Forced Labour, making a link between trafficking and forced labour. The aim of this article is to explore how forced labour came to be regulated and defined in these four treaties. The 1930 ILO Convention came about in a specific historical and political context, yet the 1930 definition remains in use even though the interpretation of forced labour, particularly as it relates to trafficking, has changed. This article focuses on the issue of trafficking for the purpose of forced labour within the context of migration and labour exploitation, and discusses the relevance of historical definitions of forced labour in the current discourse that sees human trafficking mainly as a security threat. It argues that a rigid interpretation of forced labour is not always useful in understanding forms of labour exploitation, at least in a contemporary European migratory perspective. The article calls for a broad interpretation of forced labour, which takes into account also subtle forms of control and coercion.     

National Human Trafficking Initiatives: Dimensions of Policy Diffusion

The implementation of criminal law involves formal law enforcement, education, and public outreach aimed at preventing criminal activity and providing services for victims. Historically, quantitative research on global trends has focused on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered‐probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim‐protection efforts, we find that global ties and domestic interest groups matter more where international law is less defined. Although prosecution, mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the protocol nor levels of US aid were associated with greater implementation of antitrafficking measures.