Frame work of the topic
• Definition
• Human trafficking: from an international to a local concern
• Theoretical understanding of why trafficking is practicing?
• Gender analysis for explaining the phenomena
• Defeating from village: a study case in Indonesia
• Law regulation on trafficking
• Conclusion: An integrated solution for overcoming trafficking
• A guideline for questioning
Definition
• Trafficking = to carry on traffic, especially illegal (in a commodity) – Webster’s College Dictionary (1996)
• Human trafficking = human as a commodity in an illegal trading
Characters of human commodity
According to Karl Marx (Essential writing,1967, pp 356):
• The shift from an owner of a commodity into being as a commodity
• The shift from at position to sell commodities to offer for sale as a commodity that very labor power, which exist only in his living self
Human Functional Capacities
(Martha C.Nussbaum: Woman and Human Development: 2000, p 78-80)
• Life: being able to live to the end of a human life of normal length etc
• Bodily health: being able to have good health etc
• Bodily integrity: being able to have one’s bodily boundaries treated as sovereign, i.e. being able to be secure against assault etc
• Senses, Imagination and Thought: being able to use the senses, to imagine, think and reason; to search for the ultimate meaning of life in one’s own way etc
• Emotions: being able to have attachments to things and people outside ourselves etc
• Practical reason: being able to form a conception of a good and to engage in critical reflection about the planning of one’s life etc
• Affiliation: being able to engage in various forms of social interaction etc
• Other species: being able to live in relation to the world of nature etc
• Play: being able to laugh, to play, to enjoy recreational activities etc
• Control over One’s environment (political and material): having a right of political participation and being able to hold property etc
Human trafficking : from an international to the local concern
• Slavery in the world history: since the ancient Egypt to the American civil right movement. Slavery is a social-economic system under which certain persons – slaves – are deprived of personal freedom and compelled to perform labor or services.
• Abolitionism in the world history: 1761, Portugal was the first country in Europe to abolish slavery; the Abolition of the Slave Trade Act was passed on March 25, 1807 in the United Kingdom.
Human trafficking is called sometimes as sex trafficking due to the majority of victims are women and children forcing to be prostitutes
• Human trafficking is not the same as people smuggling. A smuggler will facilitate illegal entry into a country for a free, but on arrival at their destination, the smuggled person is free;
• The trafficking victim is enslaved. Victims do not agree to be trafficked, they are tricked, lured by false promised, or forced into it.
Continuity
• Traffickers use coercive tactics including deception, fraud, intimidation, isolation, threat and use of physical force, debt bondage or even force-feeding with drugs of abuse to control their victims.
• The victims are undocumented and unrecorded
• Due to the illegal nature of trafficking, the exact extent is unknown.
• Persons forced into forced prostituted or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players)
• A US government report in 2003 estimated that 800,000 – 900,000 people worldwide are trafficked across borders each year
(
http://en.wikipedia.org/wiki/slavery)
Continuity
• UN’s data: 30.000.000 women and children are the victims of trafficking and exploitation (Tempo interaktif, May 6, 2003). Among it, 2.000.000 are the sexual exploitation and trafficking (Unicef).
• Mary Robinson from UN Commissioner on Human Rights: In South East Asia every year there are 200.000 women to be the victims of trafficking (Nakertrans, August 2002).
• US State Department: 225.000 women and children are the victims of trafficking in South East Asia (Briefing kits of Unifem)
• National Women Commissioners in Indonesia (Komnas Perempuan): in 1999 there 1712 cases of trafficking reported to the police; 1390 cases filed to the national court; 1683 cases could be processed.
• Unicef data in 1998: there were 40.000 – 70.000 children who were trapped into child prostitutes
Continuity
• Local example: North Sulawesi’s cases
- 2003 : 500 teenagers found to be dancers in Japan
- 2004 : 75 children found at the pub in Kendari
- 2004 : teenagers found at the pub in Timika (Papua – mining area)
- 2005 : victims are found at the pub in the forest in Samarinda (logging area)
Conclusion
• Working definition of trafficking : an action that involves recruitment, evacuation , transferring, relocating at transit camp and receiving by the users, this action is carried out with using threats, violence, kidnapping, fraud, using an authority of power toward a submission position of women and children with a undocumented and unrecorded system in order to get payment and profit.
The cause of the human trafficking
Culture (Knowledge, norms and values)
people are very innocent, easy to be deceased; there is no awareness that trafficking is dangerous, no idea of how to report to the advocator for the human victims.
Social personality: broken home, divorce, single parent; violence towards women.
Consumerism style, parents make debts, modern stylist
Hidden practices, taboo but having a normal feeling, having a guilty,
having a contract marriage, lazy, wanting to be rich easy, getting easy to be persuasive, the power of advertisement.
Want to go to overseas, trying a new challenge
Coming form a low income family
Social structure:
No job available, no skill, no attention of the societal leaders, the traffickers are punished lightly, parents sick and lazy.
Gender analysis for explaining the phenomena
• Women are seen as a person who can easy be lied with different kind of promises; easy to manipulate a fragile woman, to abuse of power or of a position of vulnerability
• Traditional values tend to condemn women if something happen to her; domestic violence
• Women fail to consumerisms easily
• Women tend to like several type of work: babysitter, singer at entertainment V.S. the men types of working: construction and agriculture.
• No skill for women, low wages due to the less education; risk in working condition; no contract agreement between the employee and employer
• No information on the trafficking issue; in a particular society there is a tolerance towards a violence to women
• Psychologist, economic demand to increase the national growth and political environment support the trafficking; corruption to weaken the immigration policy
Continuity
• No opportunities to work at the local area
• Growing of urban development and a multinational investment
• Involving of the formal institute to support a trafficking: no political will from the bureaucrats to condemn the traffickers
• No access to the legal system to guarantee the protection, supervision, and remuneration “ganti rugi” to the victims
• The growth of sexual industry: an assumption that children are less affected from HIV/AIDS.
Defeating from village: a study case in Indonesia
• Culture:
increasing the access to the education to people in the villages; training for drop out students socialization of the danger of trafficking topic gender and global economic on trafficking is available in the local curriculum the respectful institution file a regulation for not allowing the local people to make debts from the strangers
Continuity
• Social personality:
be aware to the strangers
be pro active to report a weird process of
labor recruitment
Continuity
• Social structure: (target groups are society, government and stakeholders)
creating more productive business in the villages
creating a networking of anti trafficking: involving every segments from the society to advocate and to do the rehabilitation of the community life
religious institutions involve to work: promoting a poor family program, together with hospitals or NGO to open a shelter for rehabilitation
local community filing the local regulation on
anti trafficking, and quarantining the implementation of the regulation – formal punishment to the traffickers
local society initiates an intercity networks/ inter provinces/ inter countries to defeat the trafficking networks: understanding the place of transit for the victims to be trafficked
local government plans a local budget which is a budged pro society
Conclusion : an integrated solution for overcoming trafficking
• International law enforcement
• National law enforcement
• Local regulation (peraturan daerah)
• Simulation of the lowest government to fill in the letter of permission to work outside the local home
• Training policemen and judges on handling the trafficking cases to consider a gender awareness
Continuity
• Socialization of the national regulation to the receiver cities/countries;
• Empowerment the anti trafficking in the level of inter cities
• Empowerment of the anti trafficking in the level of inter countries
• Empowerment of the anti trafficking in the local community
• Empowerment of the anti trafficking in the level of families
• Empowerment of the target victims about trafficking
Law regulation on trafficking
• Beijing Platform for Action (1995)
• International Conference on Population and Development (1994)
• World Conference on Human Rights (1993, Vienna)
• United Nation (2000) on the transnational organizing crime
• National Regulation/ UU Number 4/84 on the Convention toward the elimination of all kind of discrimination to women; convention of protection toward children
• Presidential regulation number 88,December 30, 2002 about the elimination of trafficking among women and children
• Province regulation (ex. North Sulawesi Perda Number 1, 2004)
(Lapian and Geru: 2006)
Insertion:
Simulation for the local government to fill in the letter of working permission outside the home area
• Identity name and picture
• Marriage status/ single/ widow etc
• Address
• Name of province/country to work
• Kind of working
• The period of working
• Identity of the company (Name, address, telp, contact person etc)
Continuity
• Identity of the recruiter (Name, complete address and telp, the place and date of birth, work, the name of company and position, permanent and temporary address, the identity card, the letter of recommendation from the company
• The letter is included with the letter from parents, husband and other important recommendation
A guideline for questioning
• What are the cause of trafficking?
• How can it be defended?
• How can it be solved?
• What are the activities to be created for the rehabilitation process of the victimsWhy are the roles of religious leaders and others are very important?