rough draft (complete)

Human Trafficking is a serious problem for our time. This research is incredibly timely as the G20 summit just took place. We need more than ever to look at the issues behind human trafficking and combat the underlining causes. We need a clear definition of what Human Trafficking is. As well as a clear set of guide lines in place when dealing with prosecuting traffickers and supporting victims of trafficking. Some people argue that aspects of human trafficking are needed to be competitive economically, these aspects cannot be considered human trafficking if people freely enter into being trafficked by their own free will. The main focus on free will and economics will revolve around the labor side of Human Trafficking, in migrant workers and in brothels.  I will prove that any form of Human Trafficking is immoral, and one cannot enter into this arrangement out of free will.

Firstly, Human Trafficking violates basic Human rights that are agreed upon by the Members of the United Nation  Illustrated in, The Universal Declaration of Human Rights(“The Universal Declaration of Human Rights,” n.d.)

The Idea of human trafficking is very complicated, there are a number of people who belief that Trafficking is solely related to the movement of people from one place to another, often across borders.  Also there is no clear Guide lines adopted that universally pertains to Human Trafficking. For example in MN there are eight different statues that pertain to human trafficking. The United Nation Defines Human Trafficking as: “Trafficking in Persons as the recruitment, transportation, transfer, harboring 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 or 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.” This broad definition allows for the ability to combine the effort to combat and charge people with human trafficking charges for more crimes that involve the exploitation of people. The United Nations goes on to define Exploitation as anything that involves the following: “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.”(“PROTOCOL TO PREVENT , SUPPRESS AND PUNISH TRAFFICKING IN PERSONS , ESPECIALLY WOMEN AND CHILDREN , SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST,” 2000) It is this definition of human trafficking that I will adopt when talking about human trafficking throughout the rest of this research paper.  It is also necessary for me to outline before going forward what Trafficking means. It is often thought that it must be done across borders or between nations. In fact the US State department did not start including data on trafficking within the United States until 2010.(US state department, 2010)

I will be looking at how migrant work is labor exploitation and how forced labor or coerced labor is human trafficking.  In the United States illegal immigration is used as a source of cheap labor in the meatpacking industry and in agriculture, were Illegal immigrants are used and exploited for the increased profits for US industries.

This paper then looks at the Sex industry, it examines how Sex Work or Legal Prostitution is working, in places where it has been legalized. I examine Holland and other European states where Sex Work has been Legalized and regulated. We look at people who choose to do this work for a living. And how they feel it gives them control over their own sexuality.

Lastly this research paper looks at what we can do to fight Human Trafficking, and what is currently being done.  This looks at recent calls for demand side prosecution for Protection in The US. Importantly the research looks at what is being done to support victims of human trafficking in labor and Sex trade.   And ultimately what do we need to do to combat the issues that lead to people being trafficked in the first place.

 

Currently in the United States, there is a demand for cheap labor to do jobs that most people who live in the US do not want to do The major source of this demand, is in farm labor and meat packing(F. Roka, n.d.),(“Food-Specific Industries | Southern Poverty Law Center,” n.d.). I worked in Florida, for about 3 years working for Florida Power and light as an electric meter reader. I saw the immigration at first hand, as I did most of my reading in orange tree plantations. When working out there looking for meters I would run into people collecting oranges, all of which were Hispanic, none of which spoke any English, and after the summer all but a skeleton crew were around. There is a debate in US going on right now about what to do with undocumented workers(Gans judith, n.d.). One side feels that giving rights and status to them will cause them to seek employment in other industries, others feel that not allowing them to work here legality keeps the immigrant in a state of indentured servitude that violates their basic human rights.

“Countless Latino workers, weary and frightened after a harrowing passage across the U.S.-Mexico border, find their first work in Florida’s 400,000 acres of picturesque orange groves. Unable to speak or read English, isolated from family, and ignorant of wage and worker rules, they are America’s most vulnerable and fungible work force.”(“Food-Specific Industries | Southern Poverty Law Center,” n.d.) This sentiment is weighed against the owner of the orange grove owner, who feels that he is being squeezed by economic forces that he cannot compete with. If you go to the local supermarket and look for orange juice, you find it is right around 3.59 a gal for the “good stuff” or at least not from concentrate. It is this price that sets the price that farmers are able to pay for labor to pick the oranges. This fixed price is made more fixed by competition from orange suppliers from outside United States “Brazilian growers enjoyed advantages in lower land and labor costs”(Fritz“M.”Roka, n.d.)(“Citrus processing in Brazil,” n.d.)(“Brazil Minimum Wages | 1991-2014 | Data | Chart | Calendar | Forecast,” n.d.)

That allowed them to grow, harvest, process, and deliver frozen concentrated orange juice were prices paid to workers is far less.” In Brazil the current minimum wage is 724 Br a month and is currently equal to 281.44 USD a month, or based on a 40 hr work week about 50 US cents an hour. In Florida “A full bin pays $8 to $10, or about 80 cents for each 90-pound bag. A fast worker in a high-producing grove can fill eight to 10 bags an hour and earn, at best, $15,000 for the eight-month season.”(“Food-Specific Industries | Southern Poverty Law Center,” n.d.)

According to the United Nations Office on Drugs and crime (UNODC) the average cost of being smuggled into the US from Mexico is 2600USD and depending on were an immigrant is being smuggled from can be as high as 10,000USD “Different source countries and routes may result indifferent pricing, and migrants outside Mexico have less basis for comparison, but one source suggests a price as high as US$10,000 for the trip from the south-eastern coast of Mexico across the border.” (“United States Border Patrol,” n.d.)(“Smuggling of migrants: the harsh search for a better life,” n.d.)This raises the question of how immigrants are paying for these trips into the US. If jobs and income are so hard to come by in Mexico and they are willing to work in the US doing hard manual labor that is also dangerous, just so they can earn 15,000usd in the orange harvest session(“Food-Specific Industries | Southern Poverty Law Center,” n.d.), it does not seem plausible that these people have an extra 2600USD laying around(“Smuggling of migrants: the harsh search for a better life,” n.d.) (“The Globalization of Crime A Transnational Organized Crime Threat Assessme,” n.d.)  let alone the 10k USD that was paid for the one trip. This brings me to the exploitation that happens, if you have nothing to offer someone except cheap labor then odds are this is being offered to get into the US. By (UNODC) accounts then onwards by land to the United States and Canada (usually by Mexicans).The US authorities estimate that close to 90% of the cocaine entering the country crosses the US/Mexico land border” so if 90% of the drugs coming to the us by land is roughly equal to the number of Mexicans coming across the boarders, its seems spuriously connected that drug cartels are organizing the transportation of immigrants in exchange for drug trafficking in the event that they cannot afford the price of transportation.(“Smuggling of migrants: the harsh search for a better life,” n.d.)(“The Globalization of Crime A Transnational Organized Crime Threat Assessment,” n.d.)

Lastly is the development of technology, in the case of orange groves the dependence on immigrant labor reduces the need for new technology, if the demand of Oranges for juice could be met with the use of harvesters that shook the orange trees, and collected the fruit could be developed, the orange grove owners could pay fewer people livable wages. And still be competitive with outside suppliers such as Brazil.(“Citrus processing in Brazil,” n.d.) Moving to automation in this industry would also have the added benefit of reduces the amount of immigrants that try to gain entrance to the US every year. According to Fritz”M.”Roka in a University of Florida report about issues confronting orange growers. Fritz talks about the state of mechanical harvesters “A holding pattern is the best way to describe the current state of citrus mechanical harvesting in Florida. Growers are holding back because of tree health issues, processors are holding back because of debris, and since no one is ordering equipment, manufacturers are holding back from investing in improved machinery designs.” (Fritz“M.”Roka, n.d.)

These issues combined with the cheap labor provided by immigrants it is no wonder farmers are not interested in investing in mechanical harvesters let alone want President Obama to take executive action to “fix” immigration (“Executive Actions on Immigration | USCIS,” n.d.).

Sex work

 

When talking about human trafficking most people think about sex work and prostitution. In the United States Currently there has been a debate on if sex work should be considered legal or even gainful employment.(Cho, Dreher, & Neumayer, 2013) There is one state in the US that prostitution is legal, that is Nevada, where sex work is legal only inside licensed brothels(“NRS: CHAPTER 201 – CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS,” n.d.) In the US this brings up issues of public safety and health. Most people think about sex work, or legalized prostitution. This another human trafficking concern that is strongly debated. On one side of the issue you find people who believe that regulation the Sex Worker industry will help promote a heather population,(Alexander, Coleman, Deatrick, & Jemmott, 2012; Seib, Dunne, Fischer, & Najman, 2010)(Tinajeros et al., 2012) of people who engage in sex work. Others who are for the legalization Sex Work believe that allows women to gain control over their sexuality, there are feminists that believe that men dominate sex from a cultural perspective(Alexander et al., 2012; Begum, Hocking, Groves, Fairley, & Keogh, 2013). If women are given the choice to work in this industry and by doing so they gain control over sex or at least shift the power dynamic.

The idea that choice could be made freely however is misleading. The example of women who have gotten over their sexual shame after being molested or abused as kids by finding work in brothels is half the story. To take this example into consideration we look what led the girl to sex work in the first place. If hypothetically the indecent that lead the woman into work at the brothel was the sexual abuse from her parent. Then the choice to be a sex worker is tied up with the abuse. (Brison, n.d.)One can then not say that the girl in question here is making the choice to be a sex worker completely free of will. This further debunks the idea that it takes power back from men, when sex is concerned. Seeing in this case that the abuser was her father, and also in a position of authority in her life, she is being made to feel shameful about sex by a man. Furthermore, she is working in a profession where men pay to have sex with her.

In a paper done by Australian sociologist, who interviewed sex workers, they found that the sex workers felt that they were in control. Amy here says when interviewed: Amy: “The empowerment that you … feel within yourself … Making yourself stronger mentally and physically and emotionally, because you have to be emotionally detached somewhat doing this job. I mean, if you fell in love with every client it would be …”(Begum et al., 2013)

 

They however they also complained about not being able in control because men paid for it.

 

Amy: “But I think my worst experience … is .. . men … just disrespecting you – they can pound you because they’ve paid that money, they can do what they want. They can put their fingers inside, they can do those extra things … “(Begum et al., 2013)

 

This shows that it is more of an allusion on freedom that is created. Women like Amy, think they are in control of providing pleasure, but the fact is they are being rented and the men who rent them are dictating what kind of pleasure they will receive. The girls feel good when they are appreciated, but feel like controlled when men are disrespected.

This brings me to the problem with the money, the girls that were interviewed feel like there is nothing else they could do in order to make as much money that they do, in brothel, it’s for this reason that they get stuck working there.(Begum et al., 2013) The thing that makes it hard to get out is that the sex work industry is attract women from poor socioeconomic backgrounds, who feel the best other choice they have is to be on welfare or work as a waitress.(Morris et al., 2013)(Begum et al., 2013) It is this exploitative atmosphere that has the same connection to the immigrant labor from above. We have an involvement that keeps people there by not giving them hope of getting out. This is compacted in the sex worker industry by societies view that sex workers are dirty and that the profession is shameful. Many of the women believe they are unable to tell the people in their lives about their profession.(Begum et al., 2013)

“Not only did the participants describe many contradictory aspects of sex work, but they also described their own lives as contradictory, with them being forced to live a ‘double life’. They themselves referred to it as a ‘double life’. They felt they were forced to lie about their job to family and friends, they had a ‘working’ name and a ‘real’ name. Participants “(Begum et al., 2013)

 

It is this social stigma that keeps woman in the brothels(Begum et al., 2013; Hayes‐Smith & Shekarkhar, 2010; Kelemen, n.d.). They are unable to use any skills that they may have picked up in the brothels. Such as Secretarial skills or even web page designing. So, like the immigrants they feel they are unable to report or complain. If they are seen as troublesome, it is easy to get rid of them, and the cost to the sex worker is much greater than the cost to the betrothal in having to hire a new girl. Between the draw of financial reward, social stigma and the control exerted by the owners and the johns, the exploitation is easy to see, even if the sex workers feel they are making the choice to be sex workers freely.(Brison, n.d.) The idea of freely choosing to be exploited can be rationalized, and even supported. But when viewed for what it is, you can see that they are just as much victims of the circumstances as the Mexican migrant workers are in Florida. Both groups freely choose to enter into the job market, because the alternatives are much worse. Both groups face poverty, and both groups are paid for their labor. The only people that benefit from this arrangement are the owners of the said establishments.(Cho et al., 2013)

 

legal Issues:

Legal aspects of human trafficking. Everyone can agree that human trafficking is bad, the problem comes down to how to prosecute human trafficking or what constitutes human trafficking.

With immigrants paying to come across the US/Mexican border, you have people that are sneaking them across, or leading expeditions.(“Smuggling of migrants: the harsh search for a better life,” n.d.) The problem is that if these people are caught in most cases are simply proceeded and deported back to their country of origin.(Rosenblum, 2012) It has also been the prerogative of the drug cartels who run the smuggling rings, to give up people who are coming across the border, so that the resources of the border patrol will be focused in one area. The cartels then use this distraction to send across a larger shipment. There is no will to imprison people who try to come across, and the numbers are too great for the Mexican government to imprison people trying to do better for themselves. Once immigrants are here, they want to stay, work and send money back home. The current law is to deport them which only punishes the people who are already being exploited.(Mckenney, 2014)(Kelemen, n.d.)

Currently there is a movement to shift prosecution of people who engage in human trafficking and provide care for those who are exploited. This means that instead of arresting prostitutes or deporting immigrants, we instead provide treatment and care to get them out of the cycle. Treating these people as victims and prosecuting the victimizes. “Reducing demand is a challenge for states as the market for the services of trafficked persons is diverse. Criminals who control trafficked victims profit by forcing their victims to engage in illicit activities or in highly exploitative ones”(Kelemen, n.d.)(Mckenney, 2014)(Saunders & Kirby, 2011) this includes employers. The law is that if an individual is caught taking on undocumented workers they can be put in prison for five years. If that Individual is a corporation then it cannot be physically imprisoned, and in that case it will be charged to pay a fine. If this is all that is at risk, by then it is simply the cost of doing business.  (“Penalties for Employers Hiring Illegal Immigrants | LegalMatch Law Library,” 2014)

Conclusion:

Nearly 500,000 people were caught border patrol trying to come across the US\Mexico border  in the last year.(“United States Border Patrol,” n.d.) ICE states that 97% of all people trying to get into the United States will at some point(Rosenblum, 2012). The people that do come across have little skills that they able to use. Most have little to trade of value other than themselves.  People with little skills find themselves in two major professions, one is exploitive labor, and the other is exploitive sex labor. Both share something income that they are being exploited.  We have a duty in this country to address the underlying issues that cause people to seek out exploitive conditions that are better than the exploitive options they face at home. The production of these people’s needs to shift from detaining the people caught in their trades and instead focus on the people who do the exploiting. we cannot think that we can stop the flow of people seeking a better life in this country if we do not address the issue of there not being an option of a better life in theirs.  we can not expect US corporations to not employ immigrants simply because it is wrong. Just as we can’t expect them not to do it just because they are fined. If a fine is all that is faced, then it is nothing more than the cost of doing business. This cost of doing business is the same mentality as the Drug lord or the Pimp, who will just as easily sacrifice these people as cargo, expendable for profits. at the end of the day it comes down to Human rights vs Profits(“Francis assembles religious leaders to eradicate human trafficking – Vatican Insider,” n.d.), .

Works cited

 

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Begum, S., Hocking, J. S., Groves, J., Fairley, C. K., & Keogh, L. a. (2013). Sex workers talk about sex work: six contradictory characteristics of legalised sex work in Melbourne, Australia. Culture, Health & Sexuality, 15(1), 85–100. doi:10.1080/13691058.2012.743187

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