Abstract
Set in a context of migration causes and migrant laborer exploitation, human trafficking represents a global security challenge. The complexities of exploitation and trafficking-related risks migrant laborers experience remain too broad for the narrow framework of forced trafficking alone. Furthermore, it may be counterproductive to isolate trafficked people from the rest of undocumented migrants because the label often assumes victimization and overlooks exploitation among willing migrants. This study uses the country example of Thailand to demonstrate how a paradigm of human trafficking alone cannot fully address the trafficking-related vulnerabilities and exploitation the majority of irregular migrants face. Thailand hosts model anti-trafficking initiatives, yet the risks and problems associated with trafficking continue. Fortunately, Thailand also hosts development initiatives targeting root causes of certain vulnerabilities associated with trafficking. This study suggests that anti-trafficking efforts’ broader collaboration with development efforts would best address the interconnected vulnerabilities associated with irregular migration. The example of street children and their exploitation offers a possible venue for anti-trafficking efforts and collaborative development efforts.
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Notes
- 1.
Given the variety of sources addressing human trafficking, defining the phenomenon takes different forms. The two most common definitions come from the United Nations and the US. The US definition is accessible in the Trafficking in Persons Report. The UN’s “Protocol to Prevent, Suppress and Punish Trafficking In Persons” provides a background for comparison for US policies.
- 2.
The US Congress’s Trafficking Victims’ Protection Act (TVPA) corresponded to the TIP reports. The TVPA faces criticism for victimizing trafficked people as well as prostitutes. According to the Council on Foreign Relations Symposium on Human Trafficking, this definition is unclear, creating funding vulnerabilities for those involved in multiple anti-trafficking programs. The reauthorized act, or TVPRA, prevents human rights and public health nongovernmental organizations (NGOs) from comprehensively serving all trafficking victims. The reauthorization of the TVPA in 2003, for example, prohibited anti-trafficking funding from the State Department for any organization promoting, supporting, or advocating the legalization or practice of prostitution. (Global Fund for Women 2006).
- 3.
According to Thailand’s Anti-Trafficking In Persons Act B.E. 2551 (2008), exploitation is defined as “seeking benefits from the prostitution, production or distribution of pornographic materials, other forms of sexual exploitation, slavery, causing another person to be a beggar, forced labour or service, coerced removal of organs for the purpose of trade, or any other similar practices resulting in forced extortion, regardless of such person’s consent”.
- 4.
The UN’s Protocol to Prevent, Suppress and Punish Trafficking in Persons details a similar definition of trafficking to Thailand.
- 5.
UNICEF (2003, p. 7) cites that trafficking is not a static phenomenon—rather it exists along a continuum of migration causes.
- 6.
LSCW reminds readers that the experience of irregular migration and trafficking is different for men and women. While Cambodian men accumulate debt to pay smugglers in the source province, Cambodian women accumulate debt to the employer at the destination, or through debt bondage (2005b: 46).
- 7.
LSCW states that “trafficking in Cambodia, as in other countries, has become synonymous with brothel-based sexual exploitation of women and children, forced and coerced to migrate by unscrupulous traffickers or known persons. This has resulted in a major focus in this particular component of trafficking, meaning that other forms of trafficking have largely been ignored, e.g. trafficking into domestic work, marriage, fishing, fish processing and other industries. Furthermore, it has lead to a grave misconception that men migrate and women are trafficked…” (2005a: 13).
- 8.
Pearson et al. (2006, p. xxvi) of the International Labor Organization (ILO) cite that, “Despite the plethora of organizations supposedly working against trafficking in Thailand, organizations do not seem to be effectively targeting or assisting migrants in these sectors in these geographical areas…with the exception of the NGOs who facilitated this research”.
- 9.
Anti-trafficking efforts can include repeated interrogation concerning circumstances of trauma such as rape or assault for prosecution purposes.
- 10.
According to Article 3 of the UN’s Protocol to Prevent and Suppress Trafficking in Persons, “The consent of a trafficked victim is deemed irrelevant where any of the means described in the definition is present. If the victim is a child (below 18 years old), the recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation will be considered ‘trafficking in persons’ even if it does not involve any of the means described above”.
- 11.
Thailand’s Immigration Act B.E. 2522 (1979) provides example.
- 12.
Other initiatives include the Kredakkan Protection and Occupation Development Centre in Nonthaburi Province, the Reception Home for boys in the Nonthaburi Province, the Narisawat Protection and Occupation Development Center in Nakhon Ratchasima Province, the Development and Education Program for Daughters and Communities Centre (DEPDC) in Chiang Rai and the Child Protection and Development Center (CPDC) in Pattaya.
- 13.
For further details on trainings, see the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) (2004).
- 14.
The Ministerial Meetings Concept Paper on “Human Agenda: Partnership for Human Security” demonstrates the legal recognition of poverty and migration’s human security challenges. (Human Security Network, 2009).
- 15.
Women’s worth is contingent upon their virginity; girls who have been raped, lost their virginity to a boyfriend and migrated with a broken heart, or women who have been tricked into working in a brothel often “decide” to leave Cambodia to work in the sex industry. Additionally, work in the sex industry is considerably more lucrative than other jobs in the service industries, factory, or farm work (LSCW, 2005a).
- 16.
Further exemplifying the free choice in the sex trade, the mamasans, or older women, in Pattaya managing the sex trade in a bar or entertainment place facilitate business for sex workers rather than forcibly pimping them to customers.
- 17.
Prices are based on a 35.22 Baht/1 USD exchange rate of February 14, 2009. For similar price quotes, see McGeown (2007).
- 18.
LSCW cites discriminatory practices particular to Cambodian women and girls, but the cultural example applies to broader Southeast Asian gender migration patterns as well (2005b: 14).
- 19.
The vast majority of Burmese refugees and hill tribe people are denied refugee status. To qualify for refugee status in Thai law, Burmese refugees must be able to demonstrate the immediate threat, from which they flee, among other factors.
- 20.
About half of employers across all sectors agreed with the statement that “we should lock migrants in at night to make sure they don’t escape” (Pearson et al. 2006: xviii).
- 21.
The Cambodia Human Rights report (section 6d) cites that 15 year olds can engage in non-hazardous labor, not affecting school attendance, and 18 year olds can engage in any labor; yet, over half the population of children between 5 and 17 were employed in a wide range of hazardous and non-hazardous activities. Only a third of the number of children employed was over 14.
- 22.
Current estimates of pedophiles in Pattaya range from 150–200 people annually. However, these numbers are subject to change and reevaluation and are not supported by empirical data.
- 23.
While most sex workers receive regular medical checkups, this does little to eliminate the global spread of diseases without regular condom use.
- 24.
As demonstrated, there is an increased chance of spreading HIV/AIDS among the most vulnerable Burmese communities in Thailand. Burma’s instability also breeds other problems; the majority of methamphetamines are manufactured and trafficked from Burma. Finally, the traditions of gender inequalities compound risks for women in migration and sex work. They are often sexually abused, raped, and trafficked into the sex industry.
- 25.
Lacking family support structures, education, and other resources, and often developing addiction problems to cope, this population often engages in higher risk behavior, making them more vulnerable to trafficking, HIV/AIDS, as well as sexual abuse. Older street children often lead younger generations of siblings into the same lifestyle. Often, these young adults are also more likely to have children of their own without the means to support them, perpetuating the same lifestyle and vulnerabilities to future generations. On Chiang Mai, Baker notes that, “Thai and foreign tourists, in turn, attract street children, as they are able to earn a livelihood by begging, selling flowers, or selling their bodies” (Baker 2007: 142–144).
- 26.
According to the PDA website (2010), “The current number of infected people new stands at more than 1,000,000. If this problem was not tackled, it was predicted that by the year 2000 there would be between 2 and 4 million infected persons”.
- 27.
The business branches of PDA offer some of the few sources of employment for HIV-positive individuals. The Cabbages and Condom’s restaurants try to accommodate the individual’s needs, as well.
- 28.
Baker affirms that, “With greater wealth and smaller families, children are increasingly unlikely to enter into prostitution” (Baker 2007: 143).
- 29.
Thailand’s street child development organizations are collaborating with international prevention and prosecution efforts against child sex offenders. Resulting from such collaborations, Thailand will be part of a new international registry for sex offenders by the time this book is published.
- 30.
Those vulnerabilities include exploitation by law enforcement, poverty and gendered poverty in source countries and gendered migration, lack of representation, heath care, land rights, legal rights, lack of education, perpetuating high risk behaviors, and the spread of HIV/AIDS.
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Wetzler, J. (2012). Irregular Migration in Thailand: New Possibilities for Anti-Trafficking and Development Programs. In: Teh Cheng Guan, B. (eds) Human Security. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-1799-2_4
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