Topic 3 (team of two): Forced Labor: Human Trafficking - Fetalco, Gretchen and Galera, Plinky

“Lured by a job, trapped in forced labor.”

(a) theory/determinants/concept [a factor that decisively affects the nature or outcome of something]

- Currently human trafficking is the second largest source of illegal income worldwide.
- Process of recruiting people from a community/country of original wherein they will be
transported to the destination where they are being exploited for labor, prostitution, domestic
servitude and other forms of exploitation.

1. POVERTY - It plays a significant role in trafficking

2. GENDER - Low value of women and girls in families and society

3. LACK OF POLICY AND ENFORCEMENT - There is very little enforcement of the existing laws
that have potential to discourage and punish traffickers

4. FORMAL EDUCATION - Illiteracy and low levels of education are common characteristics of
trafficking victims

5. AGE - Extent of vulnerability varies greatly by gender and specific age groups.

6. TRAFFICKING IGNORANCE - Poor understanding of risk (especially among women migrating

for jobs) enables manipulation by traffickers.

7. MIGRATION - Migration for any reason puts vulnerable groups, especially women, at risk for
manipulation by traffickers

8. CONFLICT AND DISPLACEMENT - Conflicts creates vulnerabilities end drives other

facilitating determinants like poverty and migration

10. CULTURE - Various regional cultures are cited as placing a lower value on women in families
society and policy.

11. DEMAND - Demand for cheap/free labor is a major pull factor. Demand is largely unlocked by
policies and enforcement, and strengthened by how cultural regard for females

13. ETHNICITY - Marginalization, lack of rights and or citizenship status, and proximity to borders
make trafficking easier and more socially acceptable among ethnic minorities.

14. BORDER INSECURITY - Open borders, relaxed enforcement, lack of document requirements
and corruptions of border patrol agents all help traffickers contributes to migrant vulnerability

15. GLOBALIZATION - Encourage relaxed borders unregulated, labor migration and demand for
cheap labor.

16. DOMESTIC VIOLENCE

17. CASTE STATUS – Higher, Lower, Marital status

18. VIRGINITY - Virgins are in high demand due to various cultural beliefs and fear of AIDS.
 19. CITIZENSHIP AND DOCUMENTATION - Lack of citizenship has noted as significant risk
factor. People for whom there is no proof of existence are easy to traffic.

20. MATERNAL EDUCATION - Low education or illiteracy of the mothers of victims is a

commonly cited characteristics

21. OTHER FACTOR

Birth order – being the eldest daughter seems to be protective against trafficking because of
the role she plays in the family.

According to the Palermo Protocol:

a. Trafficking in persons shall mean recruitment, transportation, harbouring, 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 abuse of power or abuse of position of vulnerability or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation.

Human trafficking and Migrant Smuggling – often confused with each other BUT:

a. Human trafficking can cross international borders but can be within the one country
(known as internal human trafficking)

b. Migrant smuggling occurs with the consent of the person being smuggled

c. Persons who undergo migrant smuggling agree to cross the borders illegally and pay
large sums of money to smugglers for the service

d. Upon arrival at the destination, persons who undergo migrant smuggling are FREE TO
GO

Human Trafficking Human Smuggling

Legal, illegal or no border crossing Illegal border crossing
Legal or illegal documents, documents taken Illegal [false or stolen documents]
Coercion and repeated exploitation Voluntary
Restricted movement, control Commodity, a service movement
Crime against an individual Crime against the state

(b) Extent, Characteristics and Profile

 Sexual exploitation
 Involuntary servitude
 Forced labor
 Trafficking of Children
 Organ Harvesting

Stat ILO – 21M people trapped in forced all over the world in one way or another with a really low change
of getting out. Trafficked, held in debt bondage, work in slavery like conditions

(c) Effects/Positive and Negative outcomes

Sexual Division of Labor

 Division of activities inside households where social reproduction is considered a feminine

activity while the extra-household a masculine and active one. The difference starts inside
household and extends to paid-work outside household resulting to wage inequality between
men and women. This inequality is not a simple problem and in fact results to the
gender division of labor.

(d) Assessment of Efficacy or Deficiency of Programs/Policies

ILO Convention C029 – Forced Labour Convention, 1930
- Defines compulsory labor as 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 himself voluntarily
- Members that ratified this convention suppress the use of forced or compulsory labour in all its
forms within the shortest possible period

R. A. 9208, or the Anti-Trafficking in Persons Act of 2003

• The law mandates the Philippine government, through the Inter-Agency Council Against
Trafficking in Persons (IACAT), to ensure that mechanisms for the protection and support of traf-
ficked persons are in place, as well as ensure the timely, coordinated, and effective response to
cases of trafficking in persons.
The penalty structure set up by R.A. 9208 is as follows:
• Qualified Trafficking in Persons
• Promoting Trafficking in Persons
• Use of Trafficked Persons for Prostitution

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Supplementing the United Nations Convention against Transnational Organized Crime
is the universal instrument that addresses all aspects of trafficking in persons.

Other Recommendations to Prevent Human Trafficking

• Conduct public awareness programs and activities to prevent victimization
• Implement an effective pre-employment orientation seminar and pre departure counseling
program to applicants for overseas employment;
• Enforce existing laws and borders, prosecute, and hold officials accountable
• Create or strengthen bilateral agreements to combat trafficking and risky migration patterns and
risky migration patterns
• Build community management and development strategies
• Reduce government corruption
• Empower women and vulnerable groups (instead of welfare)
• Allocate resources for better enforcement, awareness, and victim services
• Increase training of police, government officials, service providers
• Develop migrant and ethnic minority rights, migrant work policy