- Introduction
Human trafficking has been defined by the Anti-Trafficking in Persons Act of 2003 as "trafficking in persons as the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or position, taking advantage of the vulnerability of the person, or, the giving on receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude, or the removal or sale of organs". In a number of Southeast Asian countries, human trafficking is increasing with every passing day. This is because sexual tourism is regarded as the major economic sector in many Southeast Asian countries such as India, Vietnam, Thailand, and Cambodia etc. Human trafficking helps in the generation of handsome incomes and jobs. If truth be told, it is an unfortunate thing that a number of states are increasingly considering the expansion of prostitution business for economic stability.
In this paper, two Southeast Asian countries i.e. India and Cambodia will be taken into consideration regarding the menace of sex trafficking. This essay will discuss and investigate the causes, consequences and current situation of human trafficking in both India and Cambodia. It will then provide some significant recommendations to be implemented by both the governments in order to curb the evil of human sex trafficking.
- Human Trafficking vs. Prostitution
Before delving into the discussion, it is important to mention here that human trafficking must not be confused with prostitution as both are different forms of violation of human rights. It is imperative to disconnect prostitution from trafficking, if one wants to understand the latter. If a female or young person goes through sexual exploitation and some individual profits from this hideous act, it is called commercial sexual exploitation (CSE). On the other hand, human trafficking refers to the recruitment, contract, procurement or employment of anyone (male, female or child) for commercial sexual exploitation. In simple words, trafficking is the whole procedure/practice whereas CSE is the end result/outcome. Trafficking is caused, promoted and continued due to the ‘demand’ for sexual exploitation on a commercial level (as mentioned above). There is no doubt that this is an inhuman, nasty and ferocious cycle. Trafficking is also done for other vicious violations of human beings that include development of pornographic matter in order to encourage sex tourism, for sexual abuse in the pretense of bartending, gambling, massaging etc, or for manipulative manual labor (not necessarily for sexual molestation). There are a number of factors that are important to understand sex trafficking. These factors include the demands, people/groups gain monetary benefits and the sexual abuse of trafficked men, women and children. The leading reason is that there is a soaring demand for commercial sexual exploitation/prostitution in more or less every culture. In simple words, there will be no prostitution if there are no clients.
- India
- Sex-Trafficking in India
India has been graded as a Tier 2 country in the 2012 Trafficking in Persons (TIP) report. It means that although the Indian government is not completely complying with the minimum standards set by the Trafficking Victims Protection Act (TVPA); it is putting effective endeavor for bringing the country to act in accordance with the TVPA principles. It is the high time for the Indian government to make distinct efforts for the identification and protection of trafficking victims and to prosecute trafficking crimes and involved people/groups.
India is currently challenged with the problem of human trafficking/ trafficking in persons (TIP) for two major reasons i.e. for sexual abuse or/and manual labor. As there is constant economic collapse and disturbance in the country, India has turned out to be a target state where women and kids are subjected to enforced labor or sexual trafficking. The trafficking patterns of the country suggest that about ninety percent of the trafficking in persons is done on domestic level. It means that trafficking is done in two ways i.e. interstate and intrastate. The remaining ten percent of TIP takes place internationally whereby the victims are sold across borders. It is not an untold secret that India is not only a poisonous hub for trafficking; it is also a destination and passageway for trafficked persons.
It is a bitter truth that the major reason of human trafficking all over the world is sex exploitation. According to an estimate, over one million children are bought and sold on an annual basis. As far as India is concerned, it is considered as the hub for sex trafficking in the world. Thus, it is no wonder that eliminating sex trafficking in India can easily reduce this worldwide epidemic to a great extent. The US State Department has regarded India as the basic destination and transit place for trafficked people (males, females and kids). As stated above, about 90 percent of the trafficked persons stay within the country moving from one state to another whereas the remaining ten percent find their way to the United States of America, Europe and Middle East. The Indian government has given a shocking statistic stating that a child goes missing in the country every eight minutes. In the year 2011, more or less 35,000 children were reported missing. Unfortunately, only thirty percent of cases in India are reported. It is a saddening fact that there has been a continuing increase in sexual exploitation through child sex tourism, pedophilia and prostitution in places of pilgrimage. There are a number of other tourist destinations where children go missing.
A majority of missing children are trafficked to be used in CSE. Women, men and even children are forced to work in industries because of the debt bondage. There is an array of reasons that fuel this complex and violent trafficking issue including social inequality, economic injustice, gender imbalances and harmful cultural attitudes. When these factors sum up with the corruption of the government officials and authorities, the evil of human trafficking for sex is allowed to expand and continue. As a consequence, the illegal brothels are enabled to grow and traffickers are encouraged to go beyond the law. Women and girls as a main victim are trafficked for forced marriages, prostitution and domestic work thereby causing their sexual abuse. According to Indian government, commercial sex industry has about three million prostitutes of which a major percentage is underage.
- Causes
Gender discrimination is common throughout India and women face sexual abuse in many parts of the country. Recently two stories came up in which the middle class girls were the victims of rape. Both of the stories got the media’s attention and the issue was highlighted throughout the world. A 23 years old student of physiotherapy became a victim of gang rape in a bus in Delhi in December 2012. She was badly injured and died of her injuries. The other case was of a young photojournalist who was raped in Mumbai. Thus, sex trafficking has encouraged the menace of rape to increase as well.
The trafficking of persons in India for sexual exploitation is greatly diverse based on the states’ and territories’ characteristics. According to several interviews conducted by NGOs, the destination states have a higher rate of sex trafficking due to the “high inflows of migrants, high demand for sex workers, generic gender/caste issues, a lack of community responsibility for social security and welfare, and the absence of a strong legal framework”. The major reasons behind sex trafficking in transit Indian states are the infrastructure and the territorial convenience to traffic people to destination states. It is important to mention here that poverty is not a primary factor behind sex trafficking in Indian states.
In the recent times, child trafficking for sexual exploitation has also increased within the country. A majority of people let their children go out to seek better economic opportunities and be the helping hands for the family. This, however, makes their children open to sex trafficking. Due to the widespread poverty within the Indian social order, child labor has turned out to be a severe concern which is also one of the most important factors behind rising child trafficking. It is also important to note here that prostitution is not the only reason of trafficking; women and girls are trafficked to be bought and sold for the purpose of forced marriages in the areas where there is a scarcity of women population. These areas also include the areas where practices of wife swapping are common between brothers. The major cause of female infanticide in India is the dowry system in which the parents of the girl have to pay substantial amount of money to the groom and his family. Arrangement of a three day feast on the daughter’s wedding is essential along with the dowry items like gold, silver, clothes, furniture, cash and the list goes on. They need to start saving for the sake of dowry since the birth of a daughter.
Trafficking of children and women is widespread like an epidemic in India, particularly for the poor and the underprivileged class of society. The majority of the victims of trafficking belong to poor sections of the society and to the areas affected by human-made disasters and natural catastrophes. The states of Assam, Jharkhand, Odisha and Chhattisgarh are some of the northeastern states of India which are the high source areas. From these states, women and children are transported all over the country. They face sexual and physical abuse and are mainly treated as slaves. Debt bondages are one of the main causes of this continuous servitude. It won’t be incorrect to state that debt is a form of slavery least known but it is one of the widely used methods of slavery till date.
According to an estimate of The International Labour Organization, there are about 11.7 million people working as forced labor in the region of Asia-Pacific and a majority of them are in some kind of debt bondage. Population of such areas is naturally desperate for cash in order to acquire daily survival utilities. Due to this unfortunate kismet, they sell their whole life for cash. It is a fact that bonded labor is illegal in India. However, the government is not willing for the law to be enforced properly. In addition, the government is not able to punish the culprits associated with the profits generated by the illegal activity of sex trafficking.
In the brothels, young girls are sold for the highest prices. In rare cases, when a victim is rescued or found, children refuse to testify in the court of law because of the fear of the revenge by the traffickers. In most cases, the traffickers are family members or friends of the family. Girls, if freed, are rejected by the parents and families. The disliking and humiliating attitudes of the families and society are the reasons that force the girls to seek refuge in the world of commercial sex. It is a saddening reality that such women and children are at severe risk of ills that include HIV/Aids, cervical cancer, violence, unwanted pregnancy, drugs and more. Long term psychological impacts and emotional trauma can cause problems as well. There is an immense need of educational and awareness programs on a large scale to alter and eliminate these destructive cultural practices. Indian government, with the support of non-governmental organizations working for the cause, need to implement and enforce the law on emergency basis. It cannot be denied that such an epidemic cannot be reduced instantly. However, honest and consistent efforts can certainly reduce the sex trafficking in India. Long lasting and fundamental change can be obtained if the inequality and social injustice in the Indian society is addressed. Equal sharing of resources, equal distribution of wealth and right of education is the most effective way to stop this vicious evil.
- Impact
Trafficking has scarred the Indian social order in a very bad manner. On a domestic level, trafficking is a representation of lost opportunities. It includes an everlasting loss of human resources and anticipated productivity. Another impact of trafficking is that it causes a massive loss of remittances to developing countries. As India is also a developing country, the trafficked persons here repeatedly have to induce the ‘debt’ they bring upon themselves for being trafficked. It is a crystal clear fact that if the fight against trafficking in India is successful, the resources and finances that are used by the government at present to fight trafficking crimes may be directed towards other progressive plans in the country.
In addition, there are other human and social consequences that can be attributed to the menace of human trafficking in India. Not only the nation suffers, but the relatives and neighborhood of the sex prey are also directly impacted. Due to trafficking, the extended family ties are weakened. In addition, the enforced absence of women causes collapse of families and abandonment of children and the elderly. Victims who luckily come back to their homes and communities usually find themselves dishonored and ignored. Consequently, most of such victims get involved in substance abuse and illegitimate fuss. Moreover, survivors also experience numerous traumas and mental problems. As far as health impacts are concerned, trafficked persons undergo physical, sexual, and emotional violence by the traffickers. A variety of places of work, health, and environmental hazards also impact them in a number of ways. Above all, individuals who are trafficked for carrying out sexual activities are more vulnerable to experience HIV and other sexually transmitted diseases. As sex trafficking victims are generally not allowed to make use of condoms, there are bigger chances of the HIV spread to a bigger population.
- Recommendations
The Indian government needs to wrestle human trafficking by taking a number of appropriate steps. To begin with, the Indian society must be up to date about this societal transgression and the authorities must gather people up to bring this menace to an end. It is also the responsibility of the government to enlighten the exposed groups and reduce the aspects that make people vulnerable to sex trafficking like poverty, unemployment etc. The problem of human trafficking must be attacked at its source. This can be done by subordinating the incentives to trade and reducing the requirements for the products and services of downtrodden and subjugated classes of society. The Indian government must make it their primary goal to offer support and security to sufferers by making the availability of accommodation, psychoanalysis and other required help certain. The law enforcement must also be improved by strengthening the information exchange between law enforcement agencies. They must be made stronger so that they can easily swap over information regarding national and international trafficking routes and traffickers´ profiles for taking apart criminal groups. This could lead to the conviction of traffickers in an easier way. Thus, if human trafficking is stopped, it can lead to the betterment of Indian society as a whole. It will ensure the empowerment of women, improvement of maternal health, HIV/AIDS suppression, and poverty alleviation, advancement of education and development of better global business opportunities.
A majority of the women who are a part of the Indian prostitution business are rape victims. This is the reason why the mutilation of sacred bodies lead to several health concerns especially PTSD (Post Traumatic Stress Disorder). India is a nation that is moving forward continuously. Therefore, it is the need of the time to stop the open victimization of women in the society. It is also necessary for the Indian government to not toughen the laws for the prostitutes as a majority of them do not get involved in this business by their will. Instead, strict laws must be passed against the culprits i.e. recruiters, pimps and Johns. The latter must be punished severely as they supply prostitutes to the pleasure-seekers. Only stiff actions can put a stop to the demand-supply chain.
- Cambodia
- Sex-Trafficking in Cambodia
As far as Cambodia is concerned, children (6-13 years) constitute the major part of the Cambodian victims that are reported in human trafficking for sexual exploitation. Not considering the age factor, Cambodian victims seldom go to school and thus do not have high education levels. Thus, this factor adds to the lack of job opportunities and debt bondage. When summed up, all these mentioned factors push Cambodian people to become victims or culprits in the illegal activities of human trafficking. It is rather astonishing to know that some people even rent out or traffic their own kids to human traffickers so that those children could earn money by begging on streets or selling flowers. However, the biggest factor is that of poverty as thirty four percent of Cambodians have a per day living cost of US$1. Another factor is related to slow creation of jobs sue to which labor supply has surpassed the job opportunities. Furthermore, such state of affairs has turned out to be more negative for women and children are naturally more vulnerable to get trafficked for sexual abuse and molestation.
- Causes
According to a statement by the United States Department, Cambodia is a hub for trafficking of men, women and children for sexual exploitation in Southeast Asia. Although a number of Southeast Asian countries have been commended and appreciated worldwide for showing improvement by increasing number of trafficking-related arrests and legal prosecutions; Cambodia is still far behind because of the extreme corruption in the country. Corruption is one of the most significant problems in Cambodia. The efforts and endeavors concerning anti-trafficking are held back due to the fragile judicial system and dishonesty. It is widely acknowledged that the government and law enforcement officials are involved in bribery thus helping the sex trade in the country to develop and expand. In addition, Cambodians are continuously threatened by abuse and exploitation due to the insecure and treacherous labor migration practices. Cambodia has been monitored by NGOs and government agencies since a long time due to it being a great source of human trafficking. The problem is growing with every passing day and the causes are intensely complex. Poverty is widespread in the country. Social and economic differences between the urban and rural population force Cambodians to migrate. In this effort, the rural population that leave to work and reside in cosmopolitan areas compromises on lack of legal protection, poor education facilities and becomes vulnerable to trafficking. The youth comprises fifty percent of the Cambodian population whereas eighty percent lives in the rural areas. The youth face pressure for finding work and they work across porous borders in Japan, Thailand, Malaysia, South Korea and Qatar. All these countries are hotspots for migrant labor and while working there, the risk factor for trafficking (particularly for sex) increases. The Interpol has revealed astonishing figures stating that a woman up to $250,000 annually be selling sex. Children are considered as golden eggs as their virginity is sold for a higher price.
- Impact
As already stated, Cambodians suffer from poverty on a large basis. Their poor conditions compel them to seek jobs outside Cambodia, particularly in Vietnam and Thailand. Young males/females from Cambodia are often given false work and visiting permits to get into Vietnam and Thailand. They are enforced to do immoral jobs in brothels that do not legal establishment licenses but are camouflaged as massage and pedicure centers etc. Thus, guiltless males, females and children are forced to involve in prostitution without their eagerness and compliance. They are scammed as they are offered visas. Unfortunately, they get tricked and fall in the hands of deceit and danger to make their dreams come true. Fake employment agencies hire them but instead of granting them respectable jobs, these innocent people are forced to work as domestic laborers. Some victims are locked up in their residing places; some find their passports snatched whereas some find their contract letters changed.
Human trafficking in Cambodia is also a consequence of “broken families, landlessness, disasters, uneven economic development, relaxation of border controls, economic inequality between the rural and urban areas”. Extreme poverty is one of the major reasons why many of the Cambodian citizens have became disappointed with their respective communities. As a result, they migrate to other countries in expectation of better economic opportunities for the improvement of their quality of life. However, when people don’t get employed and their dreams shatter, they willingly and unwillingly get themselves associated with human trafficking for sex or labor. Young teenager girls have a high demand as they are considered as cleaner and less liable to transfer diseases such as HIV. It is sad that mostly friends, relatives and even families are involved in making teenagers work as prostitutes.
The TIP 2007 Report placed the Cambodian Government in the Tier 2 Watch List just like India as it was also unsuccessful in complying with the principles and standards set by the Trafficking Victims Protection Act. However, the Cambodian government is trying its best to eliminate trafficking from the country. It is important to mention here at the same time that the efforts to combat trafficking have decreased in the recent times. It has been found out that several law enforcement and government officials involved in corruption and accepted “cash sweetener” for the facilitation, development and expansion of human trafficking and sex trade. On the other hand, the Cambodian government follows the law whereby human trafficking culprits are penalized for 15-20 imprisonment years if they are less than fifteen years of age. Those who are over 15 and are involved in human trafficking have to get imprisoned for 10 to 14 years. In addition, local theaters, TV, radio and newpapers have been used by the Cambodian government to raise awareness among the people regarding sex trafficking. But such efforts have not done much help in eradicating this menace. This is the reason why sociologists and anthropologists have recommended the passage and enactment of tough and all-encompassing anti-trafficking legislation in India. The Cambodian government has to make more efforts for the prosecution and conviction of officials who get benefits and bribes profit from sex trading and trafficking.
- Recmomendations
It is exceedingly important for the Cambodian government to not let brothels run and function. License to such establishments must also be discouraged as it makes them hold up their legitimate existence allowing them to generate more economic opportunities for criminal and illegitimate activities. It needs to be understood that t modern era is not in the need of a prostitute generation. It is the need of the time for the Cambodian officials to stop treating human sex trafficking and prostitution in a light way. This is because human beings are important that are not to be treated as commodities sold or purchased. There are devastating consequences of prostitution on both the individual and society. It is the high time to make the people in Cambodia aware and educated regarding the evil of human sex trafficking. It is also very important to throw out the notion that human beings are trading goods. It is the responsibility of the Cambodian officials to establish social services for facilitating and helping prostitutes/trafficked people so that they can get out of the filthy business. Moreover, those who get involved in prostitution without their will must be aided with abandonment programs to get them rid of the world of suffering, misery and abuse. Another useful step that can be taken is the ban on the purchase of sexual services. Sweden successfully introduced this strategy which resulted in the decrease of prostitutes’ number because people refrained from purchasing sexual services. The same needs to be implemented in the Cambodian society so that people may understand and realize that prostitution is not tolerated in educated and moral societies.
- Conclusion
As already mentioned, both Cambodia and India have been placed in Tier 2 countries as they have done much to curb human sex trafficking. However, due to corruption and unserious endeavors to curb the menace completely, there is still a lot to do. If truth be told, there are a lot of measures that need to be taken including the provision of employment opportunities, safety and protection to victims, health and educational facilities etc. Reintegration process is the exclusive need of the time as far as both countries are concerned. This is because the human sex trafficking victims in both the countries have to face the social disgrace, physical and emotional scars and dejection when they get back to the society. On top, the governments must take measures for income generation of the trafficking victims so that they can get back to their normal lives as soon as possible. It is also the sole responsibility of the two governments to provide accommodation and protection to the victims and help them to successfully reintegrate into their communal groups.
At the same time, the inculcation of punishment fear is needed to be inserted in the people who are involved in human sex trafficking. It is undoubtedly true that prostitution is an evil institution as it destroys the peoples’ lives and moral conduct. Although it is the oldest profession in the world, it doesn’t mean that it should be practiced and people are traded for its expansion and maintenance. A wrong thing remains wrong and no logical reason must be implied to get the wrongdoing continued. To cut a long story short, prostitution and human sex trafficking must be criminalized at all levels and every government must combat against it.
References
Articles/Books/Reports
Cotter, Kelly M, ‘Combating Child Sex Tourism in Southeast Asia’ (2009) 37 (3) Denver Journal of International Law and Policy <http://www.questia.com/read/1G1-206110329/combating-child-sex-tourism-in-southeast-asia>
Gelb, J and Palley M L, Women and Politics around the World: A Comparative History and Survey, Volume 1. (ABC-CLIO, 2009)
Hameed, Sadika et al, Human Trafficking in India: Dynamics, Current Efforts, and Intervention Opportunities for The Asia Foundation (Stanford University Press, 2010) <http://asiafoundation.org/resources/pdfs/StanfordHumanTraffickingIndiaFinalReport.pdf>
Naro, Neth, Human Trafficking in Cambodia: Reintegration of the Cambodian Illegal Migrants from Vietnam and Thailand (29 June 2009) RSIS <http://www.rsis.edu.sg/publications/workingpapers/wp181.pdf>
Other
Anwar, Andre, ‘Criminalizing the Customers: Prostitution Ban Huge Success in Sweden’. SPIEGEL ONLINE (online). 08 November 2007 <http://www.spiegel.de/international/europe/criminalizing-the-customers-prostitution-ban-huge-success-in-sweden-a-516030.html>
