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Women and children in the global sex trade: Toward more effective policy Jini L. Roby International Social Work 2005; 48; 136 DOI: 10.1177/0020872805050206 The online version of this article can be found at: http://isw.sagepub.com/cgi/content/abstract/48/2/136

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International Social Work 48(2): 136–147

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Sage Publications: London, Thousand Oaks, CA and New Delhi DOI: 10.1177/0020872805050206

Women and children in the global sex trade Toward more effective policy

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Jini L. Roby

An estimated 1.2 million women and girls enter the global commercial sex market every year (UNDP, 2000) through human trafficking, of whom 35 percent are estimated to be under 18 (Hughes, 2000; Human Rights Watch, 1995a; Kanics, 1998). Ranked as the third most serious illegal trade after drugs and weapons, and considered a modern form of slavery (Bales, 1999; Hughes, 2000), human trafficking is the illegal moving and selling of human beings across countries and continents in exchange for financial or other compensation (Toepfer and Wells, 1994). Trafficking often involves coercion, deception, and even abduction. Because trafficking is underground, data are difficult to obtain. Although international attention thus far has been focused mostly in Asia, trafficking patterns are being shaped globally by legislation, enforcement, and the pattern of supply and demand (World Congress, 1996a). Known trafficking routes include from the villages of Nepal to cities in India and Thailand, from urban slums in Rio or Recife to mining camps in remote frontiers of Brazil; from Mozambique to South Africa, Russia and Poland to western Europe; and from Romania to Italy, Turkey and Cyprus. They also run from Africa to Europe, and Asia to Australia, New Zealand and Europe (Bales, 1999; Demir, 2003; International Organization for Migration, 1997). Trafficking is also on the increase in Europe and North America. The UK-based Committee on Child Abuse Networks has called Jini L. Roby is Assistant Professor at the School of Social Work, Brigham Young University, Provo, UT 84602, USA. [email: [email protected]]

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commercial sexual exploitation a major threat to Europe’s children (World Congress, 1996b). Eastern Europe is particularly vulnerable after the recent wars and the break-up of the former communistperiod protections, as at least 100,000 children are trying to survive on the streets and more than 40 cases of trafficking came out of Bosnia-Herzegovina in 2000 involving 180 women and children (Reuters, 2000). In Bucharest and Romania, children are frequently sold for as little as a few dollars (World Congress, 1996b). Recently, a group of girls as young as 14 were smuggled into the USA from Mexico, then forcefully exploited, being required to perform sexual acts and beaten if they refused or spoke to each other. Their earnings were sent to the trafficker, who lived in another state (Anti-Slavery International, 2002). This trafficker was among the first to be convicted under the US Trafficking Victims Protection Act (US Code, 2004), passed in 2000. Another group of Asian women were illegally brought into the USA via Canada and forced to work in New York and Chicago as sex slaves for the $30,000 each owed to the smuggling operator (Gribbin, 1999). Trafficking can be on a small scale and carried out by relatives or acquaintances, or on a large scale carried out by organized crime syndicates routinely utilizing bribery, abduction, falsified documents, violence and coercion (Hughes, 2000). For example, in Russia many organized crime members are former KGB agents who now provide the intelligence and false documentation involved in the sex trade for a handsome fee (Jordan, 1997). Contributing factors Sound policy formulation requires an understanding of the contributing factors leading to the victims’ eventual fall into the sex market. These factors can be divided into two major levels: first, the macro-level, constituting the international, national and local demographic, social, economic, ethnic and cultural environments in which trafficking occurs; and second, the micro-level of individual and familial risk factors. Macro-level factors Economic injustice and poverty are among the major macro-level risk factors for sex trafficking. Many developing countries must deal with profound poverty, wars and other national crises whose impact can be exacerbated by the payment of national debts and the accompanying structural adjustment efforts, generally trimming

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the budgets related to basic education, medical resources and social services. Even when those services are not terminated, user fees have been imposed, and research has shown that the increase in Africa of commercial sex has been linked to the decrease in government benefits (Rich, 1994). Poverty also contributes indirectly to sexual exploitation, such as children who do not attend school in order to work under slave-like conditions, or on the streets where survival may require sexual services to other street dwellers for protection from gangs (Peratis et al., 1999). The globalization of the consumer market has triggered an influx of money and goods, further aggravating disparities and promoting new levels of consumerism (Bales, 1999; World Congress, 1996a). Indigenous people are being targeted for consumer goods and to the view of individuals as commodities. Some families are lured by the income made available to them in exchange for their children, whether with knowledge or through deception. A tradition of low respect for females and the belief that they can be treated as properties belonging to their male relatives are huge factors in the objectification of women and girls. In some societies where it is believed that sex with a virgin has restorative or healing powers, there is a demand for young girls. In many countries the laws are weak and vague and even criminalize the victims of commercial sexual exploitation. For example, in one country, if a child has been labeled a prostitute, it can be used as a defense against a pimp’s criminal violations (Human Rights Watch, 1995b). There is rampant corruption in many countries in the ranks of the border patrols, police and government officials, who are often the parties benefiting from the exploitation due to the opportunities to take bribes, use the ‘services’ at will and even become partners in the ‘business’ (Raghu, 1997). Another macro-level risk factor is the large numbers of unattached men in construction operations and military installations in developing countries, attracting those who want to exploit women and children for big profits. Often the men are from developed countries and have a lack of regard for the indigenous women and children. In this setting, as in others, the AIDS threat continues to be influential in the increasing demand for younger girls (Bales, 1999). A related factor, increasing at an alarming rate, is global sex tourism. International tourists totaled 567 million in 1995, a sevenfold increase since 1960, of whom a significant portion are sex tourists (World Congress, 1996c). These travelers bring money into

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struggling economies that rely on tourism as their primary industry exploiting local women and children. Bar and brothel owners, taxi and rickshaw drivers, guides and even parents readily offer children to tourists for sex (World Congress, 1996a; Bales, 1999).

Individual and family risk factors The second set of factors includes family breakdown, poor family relationships, abuse and neglect in the home, mental illness and substance abuse of the parents, children leaving home, and children living on the streets (World Congress, 1996d). Many women and children leave home due to physical or sexual abuse in the home. For example, in Latin America, researchers link the growth of street child prostitution not only to poverty and urbanization but also to widespread violence against women and girls suffering continued male incest at home. Indeed, 60 percent of children involved in prostitution in England were sexually abused before they began working in the sex trade (World Congress, 1996a). Most victims and their families lack information about the sex trade. They may believe that they will be employed as dancers, waitresses, au-pairs, domestic servants, sales clerks or participants in study-abroad programs. For example, only 25 percent of the trafficked women counseled by the Dutch foundation STV in 1996 were aware that they would be working in prostitution, and even those women were misled about the terms and conditions of their work (Jordan, 1997). There is also a greater risk of commercial sexual exploitation when another member of the family is or has been involved. Many families repeat the pattern with more than one child (Hughes, 2000).

Impact on victims A case study may be illustrative of the suffering of a young girl in the sex trade. Siri (not her real name), a 15-year-old girl, was sold into the sex trade by her parents at age 14. She is forced to have sex with 10–15 men a night in a brothel. She lives in fear of AIDS and pregnancy, but may be beaten if she insists that the men use condoms. At first she ran away from the brothel but she was quickly brought back, beaten and raped, until her will was broken. Now she lives with resignation, convinced that she is a bad person and seeing herself as ‘just a whore’ (Bales, 1999: 34–7).

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The Declaration and Agenda for Action of the World Congress against Commercial Sexual Exploitation of Children, commonly referred to as the ‘Stockholm Agenda’, states: The commercial sexual exploitation of children can result in serious, lifelong, even life threatening consequences for the physical, psychological, spiritual, moral and social development of the children, including the threat of early pregnancy, maternal mortality, injury, retarded development, physical disabilities and sexually transmitted diseases including HIV/AIDS. Their right to enjoy childhood and to lead a productive, rewarding and dignified life is seriously compromised. (World Congress, 1996e: para. 9)

Malnutrition, substance abuse, low academic attainment are common, as are psychological and emotional consequences including low self-esteem, self-hate, feeling like an outcast, unworthy, unloved, unlovable and degraded, leading victims to enter into a series of other exploitative relationships. They may experience feelings of hopelessness and helplessness regarding their future and may not be able to trust anyone sufficiently to heal from the experiences (World Congress, 1996d). The women and children are frequently labeled by much of society and officialdom as ‘common prostitutes’, degenerates (Paret et al., 1999). Even when the victims manage to escape from the pimps and brothels, they may face arrest and imprisonment for their illegal status and activities in a foreign country where they do not speak the language. Even if they are ‘freed’ from the sex business, they often lack the education and skills to continue supporting themselves. Having been betrayed by their own family or loved ones, these women and children often feel they have no place to go and may even form attachments to the very people who exploit them and return to prostitution as their sole means of support (International Organization for Migration, 1997). Current responses Responses include efforts on the international, regional, national and non-governmental fronts, and are aimed at prevention, legislation, protection and rehabilitation. International conventions UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others has been in effect since 1949 (UN, 1949). This convention calls for the punishment of those

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who procure or entice victims (article 1) and those who own, manage or finance brothels for the purpose of prostitution (article 2); provides the same protection to aliens in a foreign country being subjected to these crimes (article 3), and makes them extraditable offences (article 8). It also requires member nations to provide measures for the prevention and rehabilitation for the victims of prostitution (article 16), as well as requiring measures to monitor the trafficking of people for prostitution (article 17). UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (UN, 1957) supplements the Slavery Convention of 1926, and obliges members to pass legislation prohibiting parents and guardians from giving their children or wards to those who would exploit their labor. UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (UN, 1981) directs all states parties to ‘take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women’ (article 6). UN Convention on the Rights of the Child (UN, 1989), ratified by 191 nations, requires members to protect children from sexual abuse or exploitation (article 19). Nations must prohibit the use of children for work that is likely to be hazardous or harmful to the child’s health or physical, mental, spiritual, moral or social development (article 32). They are also to prohibit the abduction or sale of or traffic in children (article 35), and to take measures to promote physical and psychological recovery and the social reintegration of a child victim of exploitation (article 39). International Labor Organization (ILO, 1999) has recently stepped up its fight against the worst forms of child labor, including the sale and trafficking of children and child prostitution, particularly of girls (Worst Forms of Child Labor Convention, No. 182, article 7). Regional treaties There are a number of regional treaties among nations generally sharing a common geographic area. African (Banjul) Charter on Human and Peoples’ Rights (OAU, 1981) prohibits ‘all forms of exploitation and degradation’, includ-

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ing in particular slavery and the slave trade (article 5) and discrimination against women children (article 18.2). American Convention on Human Rights (OAS, 1969) explicitly states that ‘[no one] is to be subjected to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women’ (article 6). Inter-American Convention on International Traffic in Minors (OAS, 1997) prohibits the abduction, removal or retention of minors for unlawful purposes, including sexual exploitation. European Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950) declares that ‘[no one] shall be held in slavery or servitude . . . or required to perform forced or compulsory labour’ (article 4). Nongovernmental organizations Nongovernmental organizations (NGOs) have been very instrumental in identifying commercial sexual exploitation as a problem and advocating its elimination. They have established a number of programs addressing several inter-related aspects of the problem, ranging from preventative to rehabilitative services and lobbying for legislation and sponsoring conferences. For example, with funding from End Child Prostitution and Trafficking (ECPAT), several NGOs together established a prevention program in northern Thailand offering young girls alternatives to the commercial sex industry. Its activities include school sponsorship, informal education, vocational training and income-generation assistance for their families where appropriate. Started in 1998, the program now covers all the northern part of the country, where the economic crisis of 1997 hit the hardest. Policy implications While laws, policies, and programs exist to counter the commercial sexual exploitation of children, greater political will, more effective implementation measures, and adequate allocation of resources are needed to give effect to the spirit and letter of these laws, policies, and programs. (World Congress, 1996e: para. 10)

This statement from the Declaration and Agenda for Action reflects the international concern over the effectiveness of the current

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measures intended to combat sexual exploitation. Because international conventions must be ratified and implemented by member nations before they can have any effect, their impact is difficult to gauge. Even national laws and policies are difficult to quantify in terms of their effectiveness. Research is needed to evaluate the effectiveness of programs. In general, the international community has called for more effective implementation measures and adequate allocation of resources. Legislation Although international conventions abound, member nations must step up national legislative efforts. Laws must provide clear definitions and target those who are directly and indirectly profiting from it while providing legal and social protection for the victims. Legislation also must address the demand side by providing extraterritorial clauses so that nationals overseas violating their own laws can be arrested and extradited back to their countries of origin and/or convicted under the laws of the country where the offense occurs. For example, Australia’s Crimes (Child Sex Tourism) Amendment Act of 1994 specifies in section 50BA that ‘A person must not, while outside Australia, engage in sexual intercourse with a person who is under 16’. Extraterritorial jurisdiction laws have been passed in Japan (2000), Belgium (1995), France (1994) and Germany (1993), and have also been in existence in the Scandinavian countries for some time. Although differences in language, legal systems, procedural requirements and the expense of bringing witnesses from abroad are problematic, innovative approaches (World Congress, 1996f ) can help overcome many procedural problems. Enforcement Laws are only as effective as their enforcement. Unfortunately, there seems to be generally a lag between legislation and their effective enforcement because of attitudes of disrespect for women and girls, insufficient funding and even police conspiracy in the profittaking. Low respect for the law and for law enforcement officers and the national agenda of sex tourism makes the enforcement of sexual exploitation laws a low priority. There is a need to increase funding, and provide training and special incentives as support for better enforcement. Governments are also encouraged to coordinate their efforts through Interpol, the intergovernmental police agency that maintains a database of criminals including those

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involved in this traffic and sexual exploitation. Bilateral contacts between police forces and customs authorities, particularly those of known origins and destinations, are highly encouraged. Victims’ rights and victim-friendly procedures Victims must be seen as victims first, then as credible witnesses and protected during the criminal process. Recommendations include the utilization of a victim witness coordinator and a guardian ad litem, admitting into evidence the videotape of a child’s statement to authorities, pre-trial depositions when the original witness is no longer available and closed-circuit testimony. Education and prevention Education must target both the supply and demand sides. On the supply side, families and communities must be provided with information about the harmful effects of the sex trade, including the threat of AIDS and other associated dangers. They must be provided with options when faced with financial crises other than selling themselves or their children to the sex trade, such as the availability of micro-enterprise loans and vocational training. Deeply held attitudes towards women and girls must be changed through education and public campaigns. The media should contribute to this education by providing socially responsible programming targeting this change. Extra efforts should be made by schools and communities to keep all children in school. On the demand side, in addition to legislation and the enforcement of laws, governments and businesses should campaign against sex tourism. The tourism industry should step up its efforts to self-regulate against sex tourism. Protection and rehabilitation Efforts must be within a comprehensive framework which includes customs surveillance, telephone help-lines, outreach, emergency shelters, halfway houses, and return home or independent living programs with medical, educational, therapeutic, and skills and job training components. This overall framework should be in place and filled as resources become available. Partnership between multi-disciplinary organizations In order to achieve the maximum utilization of resources, minimize duplicate efforts and achieve credibility, partnerships must be formed between local and national governments and NGOs, and between

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the professions and the economic community. For example, the Philippines’ Inter-Agency Council Against Trafficking is composed of members representing various segments of government and NGOs working with issues of social welfare, tourism, labor and employment, education, justice and law enforcement, the role of women, human rights, immigration and women’s rights groups (Philippines Government, 2000). Participatory models involving the women, children and their families and community leaders as key players are helpful. The installation of an ombudsman office in each country to oversee governmental progress in applying international conventions would be a step forward. Conclusion: the role of social workers Sexual trafficking illustrates some of the worst aspects of globalization, economic injustice and the undervalued status of women and girl children. The social work profession has the obligation and opportunity to be involved in policy-making, education, prevention and direct services addressing its many facets. Social workers in the demand countries can advocate for laws requiring mandatory extradition of their citizens who commit crimes of commercial sexual exploitation outside of their country. They should advocate for programs providing trafficked victims legal status while awaiting resolution of their cases, possibly helping to create a special category of legal residency. They should also advocate for legal, medical, financial, occupational and counseling services for the victims. In supply areas, social workers can be involved in advocacy and practice ranging from economic capacity-building, community development and education, to challenging abusive social mores and cultural traditions and providing follow-up care on a victim’s return to the community, with multidisciplinary teams with mutual goals. Advocacy can also include prosecution of the offenders, victim-friendly judicial procedures, education of the law enforcers, networking among earlier victims and participation by them in public policy-making. In academia, social work students should be educated regarding the issue and seek internship opportunities with governmental and NGOs dealing with sex trafficking. Faculty can conduct research and outreach, and collaborate with the local and national governments and private sectors to influence policy and practice.

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References Anti-Slavery International (2002) ‘Trafficking Arrests Made in First Use of US Law’ (28 March). Retrieved 23 November 2004 from: http://www.antislavery.org/ homepage/news/trafficking280302.htm Bales, K. (1999) Disposable People. Los Angeles, CA: University of California Press. Council of Europe (1950) Convention for the Protection of Human Rights and Fundamental Freedoms. Rome. 4, XI. Retrieved 22 November 2004 from: http://www. conventions.coe.int/Treaty/EN/Treaties/html/005.htm Demir, J.S. (2003) ‘Trafficking of Women for Sexual Exploitation: A Gender-based Well-founded Fear? An Examination of Refugee Status Determination for Trafficked Prostituted Women from CEE/CIS Countries to Western Europe’, Journal of Humanitarian Assistance. Retrieved 22 November 2004 from: www. jha.ac/articles/a115.pdf Gribbin, A. (1999) ‘Congress Targets Traffic of Sex Slaves into U.S.: Proposed Ban’ (electronic version), Insight in the News 15(28): 389. Hughes, D.M. (2000) ‘The Natasha Trade: The Transnational Shadow Market of Trafficking in Women’, Journal of International Affairs 53(2): 627–54. Human Rights Watch (1995a) The Human Rights Watch Global Report on Women’s Human Rights. New York: Human Rights Watch. Human Rights Watch/Asia (1995b) Rape for Profit. New York: Human Rights Watch. International Labor Organization (1999) Worst Forms of Child Labor Convention. International Programme on the Elimination of Child Labor. Convention no. 182. Retrieved 22 November 2004 from: www.ilo.org/public/english/standards/ ipec/ratification/convention/text.htm International Organization for Migration (1997) ‘Trafficking in Migrants’, Quarterly Bulletin 13. Geneva, Switzerland. Retrieved 22 November 2004 from: www.iom.int/ documents/publication/en/tm14.pdf Jordan, S. (1997) ‘Sex Trafficking on the Rise’, Off Our Backs 27(10): 89. Kanics, J. (1998) ‘Trafficking in Women’, Foreign Policy in Focus 3(30): 13. Retrieved 22 November 2004 from: www.fpif.org/pdf/vol3/30ifwom.pdf Organization of African Unity (OAU) (1981) African [Banjul] Charter on Human and Peoples’ Rights. Retrieved 22 November 2004 from: www.africa-union.org/ Official_documents/Treaties_Conventions_Protocols/Banjul Charter/pdf Organization of American States (1969) American Convention on Human Rights. Pact of San Jose, Costa Rica. Retrieved 22 November 2004 from: www.oas.org/juridico/ english/Treaties/b-32.htm Organization of American States (1997) Inter-American Convention on International Traffic in Minors. Available online at: www.oas.org/juridico/english/Sigs/b-57.html Paret, T., A. Javate-de Dios, C. Hofmann, C. Calalang and T. Arpa (1999) ‘Trafficking in Women and Prostitution in the Asia Pacific. Coalition Against Trafficking in Women Asia Pacific’. Retrieved 22 November 2004 from: http://web.archive.org/ web/20010813171455/http://www.uri.edu/artsci/wms/hughes/catw/asiapr1.htm Peratis, K., J. Kerr, E.M. Schneider and M. Vandenberg (1999) ‘Markets and Women’s International Human Rights’, Brooklyn Journal of International Law 25(1): 141–56. Philippines Government (2000) House Bill 1322, 11th Congress. Manila. Raghu, M. (1997) ‘Sex Trafficking of Thai Women and the United States Asylum Law Response’, Georgetown Immigration Law Journal 12(1): 145.

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Reuters (2000) ‘U.N., SFOR Involved in Bosnian Prostitution’ (19 May). Retrieved 22 November 2004 from: www.uri.edu/artsci/wms/hughes/ukraine/bosnia.htm Rich, B. (1994) ‘World Bank/IMF: 50 Years is Enough’, in K. Danaher (ed.) 50 Years is Enough: The Case Against the World Bank and International Monetary Fund. Boston, MA: South-End Press. Toepfer, S.F. and B.S. Wells (1994) ‘The Worldwide Market for Sex: A Review of International and Regional Legal Prohibitions Regarding Trafficking in Women’, Michigan Journal of Gender and Law 2(83): 101. United Nations (1949) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. UN Doc. 96 U.N.T.S. 271. Retrieved 22 November 2004 from: www.unhchr.ch/html/menu3/b/33.htm United Nations (1957) Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. Council Resolution 608(XXI). Retrieved 22 November 2004 from: www.unhchr.ch/html/menu3/b/ 30.htm United Nations (1981) Convention on the Elimination of All Forms of Discrimination against Women. Retrieved 22 November 2004 from: www.un.org/womenwatch/ daw/cedaw/text/econvention.htm United Nations (1989) Convention on the Rights of the Child. UN Doc. A/44/49. Retrieved 22 November 2004 from: www.unicef.org/crc/crc.htm United Nations Development Programme (2000) ‘Matters of Fact’, Choices 9(3): 28. World Congress against Commercial Sexual Exploitation of Children (1996a) Background document. Retrieved 18 November 2004 from: www.csecworldcongress.org/ en/stockholm/press/index.htm World Congress against Commercial Sexual Exploitation of Children (1996b) ‘Feature 5: Europe’. United States Embassy, Stockholm. Retrieved 22 November 2004 from: www.usemb.se/children/csec/feature5.html World Congress against Commercial Sexual Exploitation of Children (1996c) ‘Tourism and Children in Prostitution’. Retrieved 18 November 2004 from: www. csecworldcongress.org/en/stockholm/Background/index.htm World Congress against Commercial Sexual Exploitation of Children (1996d) ‘Prevention and Psycho-Social Rehabilitation of Child Victims of Commercial Sexual Exploitation’. Retrieved 18 November 2004 from: www.csecworldcongress.org/ en/stockholm/Background/index.htm World Congress against Commercial Sexual Exploitation of Children (1996e) ‘Declaration and Agenda for Action’. Retrieved 17 November 2004 from: www.csecworldcongress.org/stockholm/Outcome_documents World Congress against Commercial Sexual Exploitation of Children (1996f) ‘The International Legal Framework and Current National Legislative and Enforcement: Executive Summary’. Retrieved 18 November 2004 from: http://www. csecworldcongress.org/PDF/en/Stockholm/Background/index.htm

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