Forms of Human Trafficking

Posted in September 1st, 2016
by ACRATH

Forms of Human Trafficking

 

Human Trafficking

Human Trafficking is also known as the modern-day-slave-trade.

Elements are:

  • The recruitment, transportation, transfer, harbouring or receipt of persons;
  • Control of persons by means of threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits;
  • Exploitation, which includes (at a minimum) exploiting the prostitution of others, other forms of sexual exploitation, forced labour or services, slavery or similar practices, and the removal of organs. (UNODC (2006) Trafficking in Persons Global Patterns p52)

Human trafficking involves moving someone into slavery or slavery-like conditions.

Victims often go willingly with their traffickers because they are being deceived about the nature and conditions of the work.

Trafficking is a global phenomenon and nearly every country is a source, transit or destination (or combination of these three) for trafficked persons.

South Asian and African boys trafficked as camel jockeys, Eastern European women trafficked into sex work, and Chinese women trafficked into garment factories in Saipan are just a few examples of the many industries into which vulnerable workers can be trafficked.

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Slavery

Slavery (Chattel Slavery) is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.

Or, in its narrowest sense, the word “slave” refers to people who are treated as the property of another person, household, company, corporation or government.

Slaves are held against their will from the time of their capture, purchase, or birth, and are deprived of the right to leave, to refuse to work, or to receive compensation (such as wages) in return for their labour.

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Forced Labour

Forced Labour is all work or service which is exacted from any person under the menace of any penalty, and for which the said person has not offered him/herself voluntarily.

It is defined in section 73.2(3) of the Criminal Code 1995 (Cth) as:
“the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:

  1. Is not free to cease providing labour or services; or
  2. Is not free to leave the place or area where the person provides labour or services.”

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Labour Trafficking

‘Trafficking for the purposes of labour exploitation’ and ‘labour trafficking’ tend to be used to refer to trafficking in humans which has the end purpose of involving persons in forced labour e.g., enslaved workers on fishing vessels, or enslavement of migrant domestic workers, or bonded labour in an agricultural setting, or labour in a sweatshop or restaurant.

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Domestic Servitude

Domestic Servitude is a form of slavery which occurs in households, and in most cases effects women and children. Domestic workers are brought into a country or are transported within a country; many suffer abuse by their ’employer’ including sexual assault. Domestic workers have been trafficked into private homes as well as Embassies and Consulates. Visas often require that a domestic worker remains with the original employer or face deportation; this discourages a worker from reporting any abuse.

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Forced Marriage

Forced marriage occurs where full and free consent by both parties does not exist, often as the result of coercion or deceit.[1]

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Servile Marriage

Servile marriage refers to situations in which a person is considered a chattel that can be sold, transferred or inherited into marriage.[2]

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Sham Marriage

A fraudulent marriage is one where there is no intention on the part of one or both of the spouses to participate in a genuine relationship as husband and wife.[3]

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Organ Trafficking

Trafficking in persons for the purpose of organ removal is a growing international problem and sits uneasily within the normal trafficking in persons framework. The global demand for transplantable organs continues to increase with the development of modern transplantation procedures and immunosuppressant drugs (Scheper-Hughes 2005). The organ most commonly procured illegally is the kidney, as it can be retrieved from living donors. As awareness of trafficking in persons for the purpose of organ removal (TPOR) has increased, so has the number of declarations by international bodies and domestic laws condemning and criminalising such acts. [4]

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[1] Larson, Jacqueline Joudo, Lauren Renshaw, Samantha Gary-Barry, Andrevski, Hannah, and Toby Corsbie. Trafficking in persons monitoring report: January 2009-June 2011. AIC Monitoring Report, Canberra: Australian Institute of Criminology, 2012. P31

[2] Ibid, p 31

[3] Ibid, p31

[4] Ibid, p 18