[1] For excellent links go to Q Web http://www.qweb.kvinnoforum.se/trafficking/links.html, and for exhaustive resources and papers go to Women's Human Rights Resources at http://www.law-lib.utoronto.ca/Diana/; See generally Bassiouni, Cherif M Enslavement as an International Crime, 23 NEW YORK UNIVERSITY JOURNAL OF INTERNATIONAL LAW AND POLITICS, 445-517 (1991);Brussa, Lica, SURVEY ON PROSTITUTION, MIGRATION AND TRAFFIC IN WOMEN: HISTORY AND CURRENT SITUATION (Strasbourg: Council of Europe, 1991) See also Dolgopol, Ustinia, Women's Voices, Women's Pain, 17 HUMAN RIGHTS QUARTERLY, 127-54 (1995). The author was a member of an mission sent by the International Commission of Jurists to the Philippines, Japan, the Republic of Korea, and the Democratic People's of Korea to interview government officials and victims of military sexual slavery; See also Hsu, Yvonne Park, "Comfort Women" from Korea: Japan's World War II Sex Slaves and the Legitimacy of Their Claims for Reparations, 2 PACIFIC RIM LAW AND POLITICS JOURNAL, 97-129 (1993). See also Lassen, Nina, Slavery and Slaverylike Practices: United Nations Standards and Implementation, 57 NORDIC JOURNAL OF INTERNATIONAL LAW, 197-227 (1988); See also Parker, Karen & Chew, Jennifer, Compensation for Japan's World War II War Rape Victims, 17 HASTINGS INTERNATIONAL AND COMPARATIVE LAW REVIEW, 497-549 (1994); See also Toepfer, Susan J. & Wells, Bryan S., The Worldwide Market for Sex: A Review of International and Regional Legal Prohibitions Regarding Trafficking in Women, 2 MICHIGAN JOURNAL OF GENDER AND LAW, (1994), 83-128; See also Yu, Tong Reparations for Former Comfort Women of World War II, 36 HARVARD INTERNATIONAL LAW JOURNAL, 528-40 (1995). Zoglin, Kathryn, United Nation Action Against Slavery: A Critical Evaluation, 8 HUMAN RIGHTS QUARTERLY, 306-39 (1986).
[2] See Specter infra note 12.
[3] Id.
[4] See Zalisko infra note 72.
[5] See, e.g., infra notes 27, 31 and 154.
[6] U.S.-EU Joint Initiative To Prevent Trafficking in Women Fact Sheet released by the Bureau of European and Canadian Affairs December 5, 1997. The U.S.-EU initiative featured an information campaign aimed at warning potential victims of methods used by traffickers. The U.S. Department of State's Bureau of Population, Refugees, and Migration has provided funding to the International Organization for Migration (IOM) to develop and implement an information campaign in Ukraine see infra note 10. The European Commission has contracted La Strada, a Polish non-government organization with previous experience in this field, to develop and implement a similar campaign in Poland. La Strada is now very active in Ukraine see http://www.brama.com
[7] Recommendations on Trade in Human Beings - Council Press Release 10550/93 of 29-30 November 1993.
[8] Report on Trafficking in Human Beings of the Committee on Civil Liberties and Internal Affairs, Rapporteur Mrs. Maria Paola Colombo Svevo, of 14 December 1995, A4-0326/95.
[9] The IOM (International Organisation for Migration) estimates that some 500,000 women were trafficked in 1995, most of them illegally, to the countries of the EU, and research by the NGO International Campaign to End Child Prostitution in Asian Tourism (EPCAT) recently observed clear trends involving large numbers of women and girls from Russia, Ukraine and Belarus being transported westwards. IOM, as an inter-governmental migration organization, has identified combating trafficking in women as one of its priority action areas. Within its mandate, IOM is committed to, and has focused particularly on, addressing violence against women at two stages in the process: firstly, through prevention before victimization occurs, by organizing information campaigns in areas of origin, and secondly, through assistance to those who have already suffered the consequences, in the form of rescue and rehabilitation. At the same time, IOM has also sought to provide a forum for discussion among governments on such issues, with the aim of fostering and coordinating measures to combat trafficking Moreover, at the EU's request, IOM organized the Conference on Trafficking in Women to countries of the European Union which the EU held in Vienna in1996. - the STOP Programme - which sets out to combat trafficking in women and children for sexual exploitation in EU member States. With regard to countries of origin, information dissemination programs are an important part of IOM's action to work on the prevention side of the equation women. Figures reported by national NGOs also suggest an increasing number of women originating in Central and Eastern Europe. What are the causes? IOM studies indicate that the causes of migration related to trafficking in women can be found, inter alia, in the lack of opportunity in the countries of origin, extreme poverty in many developing countries and marginalisation of women in the source countries. The International Organization for Migration (IOM) conducted a survey of 1,189 women and girls, aged 15 to 35, in ten urban regions of Ukraine. The purpose was to assess women's attitudes and intentions toward migration. The IOM concluded that 40 percent of the women in Ukraine are at risk of becoming victims of trafficking mainly due to their interest in emigrating or seeking employment abroad. Although many young women are eager to travel to seek jobs, prostitution was viewed as absolutely unacceptable. When asked if "a job in the sex industry" was an "acceptable job abroad," none of the women and girls in any age group (Ages 15-17, 18-19, 20-24, 25-15) said yes. When asked if being a "dancer" or "stripper" was an "acceptable job abroad," however, all of the girls aged 15-17 indicated that it was, while none of the older women said yes." Trafficking and Prostitution: The Growing Exploitation of Migrant Women from Central and Eastern Europe," IOM, May 1995)[hereinafter IOM study]. Poor or non-existent education is also of critical importance, and in areas where unemployment is high, women tend to be more severely affected than men. It also appears that demand for "exotic" prostitutes is growing, and women from countries that have a sex tourism industry are more likely to be trafficked abroad. Increasingly strong organized crime networks also act both to stimulate demand, and to lure potential victims into the trade. Which countries are involved? It appears that trafficked women come from almost all over the world: more from some regions and countries than others. For example, Ghana, Nigeria and Morocco in Africa, Brazil and Colombia in Latin America, the Dominican Republic in the Caribbean, and the Philippines and Thailand in South East Asia appear to be particularly affected. IOM research also shows that there are well-established links between certain source and host countries. Furthermore, after the emergence of the New Independent States and the fall of the Berlin wall, it has been noted that a large number of Central and East European countries have become source and/or transit countries. The flow is towards industrialized countries, and involves, to a greater or lesser extent, all EU Members. See Trafficking in Women for the Purpose of Sexual Exploitation: Mapping the Situation and Existing Organisations Working in Belarus, Russia, the Baltic and Nordic States by the Foundation of Women's Forum/Stiftelsen Kvinnoforum, Stockholm, August 1998 [hereinafter Swedish study].
[10] See, e.g., Alliance Against Traffic in Women (GAATW), Removing the Whore Stigma: Report on the Asia and Pacific Regional Consultation on Prostitution (Bangkok, Thailand: GAATW, 1997). GAATW, Practical Guide to Assisting Trafficked Women (Bangkok, Thailand: GAATW, 1997). GAATW, Regional Meeting on Trafficking in Women, Forced Labor, and Slavery-like Practice in Asia and Pacific (Bangkok, Thailand: GAATW, 1997). Global Survival Network (GSN), Crime & Servitude: An Expose of the Traffic of Women for Prostitution from the Newly Independent States (Washington, D.C.: GSN, 1997). GSN, Trafficking of NIS Women Abroad: Moscow Conference Report (Washington, D.C.: GSN, 1998)[hereinafter GSN study]. Human Rights Watch, Women's Rights Project, Trafficking of Women and Girls into Forced Prostitution and Coerced Marriage (New York: Human Rights Watch, 1995). Human Rights Watch, Women's Rights Project, Asia Watch, A Modern Form of Slavery: Trafficking of Burmese Women and Girls into Brothels in Thailand (New York: Human Rights Watch, 1993). Siriporn Skrobanek, Nattaya Boonpakdee and Chutima Jantateero, The Traffic in Women: Human Realities of the International Sex Trade (Bangkok, Thailand: Foundation for Women, 1997). Marjan Wijers and Lin Lap-Chew, Trafficking in Women, Forced Labour and Slavery-like Practices in Marriage, Domestic Labour and Prostitution (The Netherlands: Foundation Against Trafficking/STV, 1997). Bruno, Ellen. Sacrifice: The Story of Child Prostitutes from Burma. 50 minute documentary.
[11] Specter, Michael. Contraband Women -- A special report. Traffickers' New Cargo: Naive Slavic Women. The New York Times. January 11, 1998; see also Kanics, Jyothi. Foreign Policy in Focus: Trafficking in Women. Global Survival Network Vol. 3, No 30 October1998; see also Pope, Victoria "Trafficking in women: Procuring Russians for sex abroad--even in America " US News and World Report Online, http://www.usnews.com/usnews/issue/970407/7ring.htm (April 7, 1997).
[12] See generally Gennady M. Danilenko Implementation of International Law in CIS States: Theory and Practice 10 Eur. Jnl. Intl Law 1 (1999)(the entire first 9 years of the Journal are now available in full text on the Journal website www.ejil.org.); See also Futey, Bohdan (Judge Futey gave an excellent presentation on the legal challenges facing Ukraine at the Harvard Ukrainian Research Institute in November 1999. See generally The American Bar Association Central and Eastern European Law Initiative at http://www.abanet.org/ceeli/home.html
[13] Irene Jarosewich, "Reports on Trafficking of Women in Europe: Most who Seek Rescue are from Ukraine," The Ukrainian Weekly, August 9, 1998, No. 32, Vol. LXVI http://www.ukrweekly.com/Archive/1998/329802.shtml. The largest number of women in Europe who seek to be rescued from forced prostitution and other forced sexual activity are from Ukraine, according to statistics from European police reports. Therefore, first from among all the republics of the former Soviet Union, Ukraine was chosen as the country in which to open a field office of the international anti-trafficking organization La Strada. Kateryna Levchenko is the national coordinator of La Strada-Ukraine.
[14] The International Organization for Migration (IOM) has carried out an Information Campaign in Ukraine as part of a joint US-EU Initiative on Prevention of Trafficking in Women. In order to establish a sound basis for its information dissemination activities, IOM conducted research in regions across Ukraine and gathered first-hand information on the problem of trafficking in women as well as the profile of potential victims. The report is an analysis of the surveys and interviews carried out in ten regions of Ukraine as part of the research activities. Documents related to the information campaign against trafficking in women from Ukraine: Information Campaign Against Trafficking in Women from Ukraine Research report - July 1998; Trafficking and Prostitution: The Growing Exploitation of Migrant Women from Central and Eastern Europe, (MIP) May 1995. Available on line at IOM website http://www.iom.int/iom/Publications/books_studies_surveys.htmstruensee72_text.html#trafficking [hereinafter IOM study]
[15] General Assembly Distr.: General 1 September 1998 Original: English. Fifty-third session Agenda item 103 Advancement of women: Trafficking in women and girls Report of the Secretary-General Summary Pursuant to General Assembly resolution 52/98 of 12 December 1997, the present report provides information about steps taken within several forums of the United Nations, as well as regionally and nationally, to implement the recommendations for action contained in that resolution. The report identifies areas where further efforts are needed.
[16] Jyothi Kanics, Global Survival Network Editors: Tom Barry (IRC) and Martha Honey (IPS) In Focus; Trafficking In Women 3 In Focus 30 (October 1998) on line at http://www.foreignpolicy-infocus.org/briefs/vol3/v3n30wom.html; See also Specter supra note 12.
[17] Specter supra note 12 .
[18] See generally Zillah Eisenstein, "Stop Stomping on the Rest of Us: Retrieving Publicness from the Privatization of the Globe", 4 Ind. J. Global Legal Stud. 59 (1996) and Susan H. Williams, "Globalization, Privatization, and a Feminist Public," 4 Ind. J.Global Legal Stud. 97 (1996) (arguing the process of globalization is leading to increasing privatization, and that privatization, compounds to substantial suffering for women globally.) "Globalization" as the process through which forces and persons that transcend national boundaries shape the quality of life and law within nations. Multinational corporations are one of the major actors in globalization. Globalization is also driven by economic forces other than transnational corporations (e.g., the interrelationship of monetary systems) and noneconomic forces which cross national boundaries and destroy economic assets (e.g., the destruction of the environment, the transmission of diseases).
[19] With the globalization of public health and looking at the global problems posed by infectious diseases, a case can be made for the need for the mobilization of public health efforts in connection with health effects and diseases caused by trafficking. This transnational health issue should be a matter of great concern. See James Grant Snell, Mandatory HIV Testing and Prostitution: The World's Oldest Profession and the World's Newest Deadly Disease, 45 Hastings L.J. 1565, 1568 (1994). See e.g., David P. Fidler, Globalization, International Law, and Emerging Infectious Diseases, 2 Emerging Infectious Diseases 77 (Apr.-June1996); David P. Fidler, Mission Impossible? International Law and Infectious Diseases, 10 Temp. Int'l & Comp. L.J. 493 (1996); David P. Fidler, Return of the Fourth Horseman: Emerging Infectious Diseases and International Law, 81 Minn. L. Rev. 771 (1997); David P. Fidler, The Role of International Law in the Control of Emerging Infectious Diseases, 95 Bull. de l'Institut Pasteur 57 (1997). Jeffrey Dunoff, From Green to Global: Toward the Transformation of International Environmental Law,
[19] Harv. Envtl. L. Rev. 241(1995). The Institute of Medicine defined "public health" as "organized community efforts aimed at the prevention of disease and promotion of health. It links many disciplines and rests upon the scientific core of epidemiology." Institute of Med., The Future of Public Health 41 (1988)[hereinafter Future of Public Health]. Epidemiology is "[t]he branch of medicine that deals with the incidence and transmission of disease in populations, especially with the aim of controlling it . . . ." The New Shorter Oxford English Dictionary 836 (1993). Seth F. Berkley, AIDS in the Global Village: Why U.S. Physicians Should Care About HIV Outside the United States, 268 JAMA 3368, 3369 (Dec. 16,1992) (stating that the distinction between domestic and international health is obsolete); James W. LeDuc, World Health Organization Strategy for Emerging Infectious Diseases, 275 JAMA 318, 318 (Jan. 24, 1996) ("national health has become an international challenge"); George A. Gellert et al., The Obsolescence of Distinct Domestic and International Health Sectors, 10 J. Pub. Health Pol'y 421,421 (1989) ("traditional and historical bases for differentiating domestic and international health in Western nations have . . .lost meaning"). The Institute of Medicine noted that in the United States "the earliest definition of public health's mission was . . . control of epidemic disease." Although the concept of public health has broadened to include more than the control of infectious diseases, this goal remains a fundamental element of public health strategies in the United States and at the World Health Organization see World Health Organization, World Health Report 1996: Fighting Disease, Fostering Development (1996) [hereinafter World Health Report 1996]. In addition, as the Institute of Medicine points out, the role of the government in public health is "indispensable.". Fidler, Globalization, International Law, and Emerging Infectious Diseases, supra at 78 (arguing that public health policy has been denationalized because a country cannot tackle emerging infectious diseases by itself); Laurie Garrett, The Coming Plague: Newly Emerging Diseases in a World Out of Balance 263 (1994) (noting the unprecedented scale of multiple-partnering during the late twentieth century). See also World Health Report 1996, at 17 (stating that "[i]ncreases in the number of sexual partners have been the main factor in the spread of HIV infection and other sexually transmitted diseases"). World Health Report 1996, at 33 (stating that the WHO estimates "that at least 333 million new cases of sexually transmitted diseases, other than HIV infection, occurred in 1995"). By the year 2000, twenty-six million adults will be infected with HIV worldwide. Id. at 31. The WHO notes, for example, that "tuberculosis has formed a lethal partnership with HIV." Id. at 27; see generally Mary E. Wilson, Travel and the Emergence of Infectious Diseases, 1 Emerging Infectious Diseases 39 (Apr.-June 1995); See also Summary: The Global Burden of Disease: A Comprehensive Assignment of Mortality and Disability from Diseases, Injuries, and Risk Factors in 1990 and Projected to 2020 32 (Christopher J.L. Murray & Alan D. Lopez eds., 1996) [hereinafter Global Burden of Disease]. Allyn L. Taylor, Making the World Health Organization Work: A Legal Framework for Universal Access to the Conditions for Health, 18Am. J.L. & Med. 301, 302 (1992). The U.S. Department of State, for example, has argued that HIV/AIDS alone "threatens the sustainable development of many countries." U.S. Department of State, United States International Strategy on HIV/AIDS (Dept. of State Pub. 10296) (Sept. 1995), at 1 [hereinafter U.S. International Strategy on HIV/AIDS]. See also Confronting a Calamity, 31 UN Chron., June 1994, at 48, 49 (stating that AIDS "threatens to undermine development efforts, depleting workforces and striking many sectors of the economy").
[20] Dorchen Leidholdt Position Paper of the Coalition Against Trafficking in Women, Coalition Against Trafficking in Women http://www.uri.edu/artsci/wms/hughes/catw/posit1.htm
[21] Forms of privatization arise by this process of globalization. Economic privatization is encouraged. Economic privatization is the abdication of public responsibility for the economic welfare of the people. Eisenstein supra note 19 points to moves to deregulate workplaces and to cut back on welfare programs--including medical coverage for the poor and elderly and vaccinations for children--as typical of this abdication. Economic privatization is related to the fact that "[t]ransnational capital needs privatization of multiple publics." Multinational corporations do not wish to bother with a different regulatory and administrative systems in the different countries in which they function. The corporations can choose to locate their operations where they are least likely to be hindered by laws, thus generating a race to the bottom: countries must compete for corporate capital by reducing regulations that serve the welfare of their people in order to pander to the corporations. See also A Citizen's Guide to the World Trade Organization by the Working Group on the WTO/MAI July 1999, available at http://www.Citizen.org/pctrade/gattwto/gatthome.html (arguing how the WTO favors deregulation at the expense of health, labor and the environment); See also Jean Grossholtz, Globalization-What it Means for Activists in Peacework Issue 299 at 9 (October 1999). Political privatization is another form. The increasingly global scope of issues, forces, and institutions affecting persons leads to a decrease of the significance of the local and national political arenas in which they exercise citizen rights. People respond to this change by focusing more on the individual material consumption made possible by global markets and less of their attention on the construction of a collective social world. In other words, globalization encourages people to see themselves as private consumers rather than as public citizens. See Eisenstein supra note 19, See also Alfred C. Aman, Jr., Indiana Journal of Global Legal Studies: "An Introduction", 1 Ind. J. Global Legal Stud. 1, 1-2 (1993); Jost Delbrück, "Globalization of Law, Politics, and Markets--Implications for Domestic Law--A European Perspective," 1 Ind. J. Global Legal Stud. 9, 10-11 (1993); See Katherine Van Wezel Stone, Labor and the Global Economy: Four Approaches to Transnational Labor Regulation, 16 Mich. J. Int'l L. 987, 989 (1995). Contemporary observers have argued that many of the forces of modern life, including but not limited to globalization, have a similar effect. Cf. Michael Sandel, Democracy's Discontent 200-08 (1996) (the increasing scale and complexity of twentieth century life has led to "the loss of a public realm within which men and women could deliberate about their common destiny"). Alfred C. Aman, Jr. has pointed out that globalization "means different things in different contexts . . . ." Alfred C. Aman, Jr., An Introduction, 1 Ind. J. Global Legal Stud. 1, 1 (1993). See, e.g., Benedict Kingsbury, TheTuna-Dolphin Controversy, The World Trade Organization, and the Liberal Project to Reconceptualize International Law, 5 Y.B. Int'l Env. L.1, 4 (1994) ( "'[g]lobalization' may have many different meanings"). Delbrück, supra argues that globalization "denotes a process of denationalization of clusters of political, economic and social activities." Jost Delbrück, Globalization of Law, Politics, and Markets--Implications for Domestic Law--A European Perspective, 1 Ind. J.Global Legal Stud. 9, 11 (1993). See also Gordon R. Walker & Mark A. Fox, Globalization: An Analytical Framework, 3 Ind. J. Global Legal Stud. 375, 380 (1996) ( "[t]he key feature which underlies the concept of globalization . . . is the irrelevance of national boundaries in markets ").
[22] See Swedish Study supra note 10; IOM study supra note 10; Specter supra note 12.
[23] Specter supra note 12.
[24] Specter supra note 12.
[25] The resolution, which was introduced in 1998, states: on Trafficking, "involves one or more forms of kidnapping, false imprisonment, rape, battering, forced labor, or slavery-like practices which violate fundamental human rights." " Trafficking consists of all acts involved in the recruitment or transportation of persons within or across borders, involving deception, coercion or force, abuse of authority, debt bondage or fraud, for the purpose of placing persons in situations of abuse or exploitation such as forced prostitution, battering and extreme cruelty, sweatshop labor or exploitative domestic servitude." U.S. Senate Resolution 82.
[26] FORTY SECOND SESSION THE COMMISSION ON THE STATUS OF WOMENSTATEMENT BY MRS. NARCISA ESCALER Deputy Director General ITEM 3(c): FOLLOW-UP TO THE FOURTH WORLD CONFERENCE ON WOMEN New York, 2 March 1998 STATEMENT BY THE INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) TO THE COMMISSION ON THE STATUS OF WOMEN
[27] Id.
[28] For many migrants who struggle to escape poverty or political and social insecurity, and are insufficiently aware of the pitfalls of irregular migration, it seems worth paying a fee to try their luck, allowing their dream for a better life to be exploited by traffickers. Yet in many instances, trafficked migrants are misled by erroneous information on conditions and driven by economic despair or large-scale violence. In such cases, the migrant's freedom of choice is so seriously impaired that the voluntariness of the transaction must be questioned. IOM supra note 10. On the issue of voluntariness see e.g. , Catharine A. MacKinnon, Prostitution and Civil Rights, Michigan Journal of Gender & Law, Volume 1: 13-31 (1993). (arguing that women in prostitution are denied every imaginable civil right, prostitution as consisting in the denial of women's humanity, no matter how humanity is defined). The legal right to be free from torture and cruel and inhuman or degrading treatment is recognized by most nations and is internationally guaranteed. In prostitution, women are tortured through repeated rape and in all the more conventionally recognized ways. Women are prostituted precisely in order to be degraded and subjected to cruel and brutal treatment without human limits; it is the opportunity to do this that is exchanged when women are bought and sold for sex. Pointing to a study of street prostitutes in Toronto (Fry infra)which found that about ninety percent of prostitutes wanted to leave but could not, MacKinnon persuasively argues that if they cannot leave, they are sexual slaves. Id. MacKinnon writes " The Thirteenth Amendment, which applies whether or not the state is involved, may help. The Thirteenth Amendment prohibits slavery and involuntary servitude. It, and its implementing statutes, was passed to invalidate the chattel slavery of African-Americans and kindred social institutions. Its language that slavery "shall [not] exist" gives support to its affirmative elimination. The Thirteenth Amendment has been applied to invalidate a range of arrangements of forced labor and exploitative servitude. The slavery of African-Americans is not the first or last example of enslavement, although it has rightly been one of the most notorious. To apply the Thirteenth Amendment to prostitution is not to equate prostitution with the chattel slavery of African-Americans but to draw on common features of institutions of forcible inequality in the context of the Thirteenth Amendment's implementation. Compared with slavery of African-Americans, prostitution is older, more pervasive across cultures, does not include as much non-sexual exploitation, and is based on sex, and sex and race combined. " Id. (Catharine A. MacKinnon is Professor of Law at the University of Michigan Law School. She engineered the legal claim for sexual harassment as sex discrimination and is currently representing women and children survivors of genocidal rape and prostitution in Croatia and Bosnia-Herzegovina). See also ELIZABETH FRY, SOCIETY OF TORONTO, STREETWORK OUTREACH WITH ADULT FEMALE STREET PROSTITUTES 13 (May 1987) ("Approximately 90% of the women contacted indicated they wished to stop working on the streets at some point, but felt unable or unclear above how to even begin this process. U.S. CONST. amend. XIII. § 1 ("Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."); See also Robertson v. Baldwin, 165 U.S. 275, 282 (1897) (Justice Brown said that "involuntary servitude" was added to "slavery" to cover the peonage of Mexicans and the trade in Chinese labor); Butler v. Perry, 240 U.S. 328, 332 (1916) ("[T]he term involuntary servitude was intended to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results."); See Bailey v. Alabama, 219 U.S. 219, 241 (1911) ("[T]he words involuntary servitude have a 'larger meaning than slavery."') (quoting The Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 69 (1872)). Also the Ninth Circuit has stated: [Y]esterday's slave may be today's migrant worker or domestic servant. Today's involuntary servitor is not always black; he or she may just as well be Asian, Hispanic, or a member of some other minority group. Also, the methods of subjugating people's wills have changed from blatant slavery to more subtle, if equally effective, forms of coercion. United States v. Mussry, 726 F.2d 1448, 1451-52 (9th Cir. 1984) cert. denied, 469 U.S. 855 (1984). United States v. Kozminski, 487 U.S. 931, 949-50 (1988). For an analysis of combined psychological and economic coercion, see United States v. Shackney, 333 F.2d 475 (2d Cir. 1964). See Kozminski, 487 U.S. at 952 (mental retardation); United States v. King, 840 F.2d 1276 (6th Cir.), cert. denied, 488 U.S. 894 (1988) (children); United States v. Mussry, 726 F.2d 1448, 1450 (9th Cir.), cert. denied, 469 U.S. 855 (1984) (non-English speaking, passports withheld, paid little money for services); Bernal v. United States, 241 F. 339, 341 (5th Cir.1917), cert. denied, 245 U.S. 672 (1918) (alienage without support, "did not know her way about town"). "Indentured servitude has long been legally prohibited in the United States, even prior to the passage of the Thirteenth Amendment. In interpreting the Thirteenth Amendment in contemporary peonage contexts, courts have been far less concerned with whether the condition was voluntarily entered and far more with whether the subsequent service was involuntary. That victims believe they have no viable alternative but to serve in the ways in which they are being forced has also supported a finding of coercion, and with it the conclusion that the condition is one of enslavement. Involuntary servitude has embraced situations in which a person has made a difficult but rational decision to remain in bondage. If the legal standards for involuntary servitude developed outside the sexual context are applied to the facts of prostitution, the situations of most of the women in it are clearly prohibited. In prostitution, human beings are bought and sold as chattel for use in "distinctly personal service.")" MacKinnon supra nn. 40-46
[29] The devastating psychological effects on trafficked women are immeasurable. Suicides are common, sexually transmitted diseases are being spread at a faster rate, and the death toll due to HIV/AIDS is rising dramatically. In Ukraine alone, there has been a 440% increase in reported cases of HIV/AIDS in the last two years. In a country where modern medical care is virtually unknown, this death problem is catastrophic. See Zalisko infra note 72. The New York Times reported that the "selling of naive and desperate young women into sexual bondage has become one of the fastest-growing criminal enterprises in the robust global economy." Specter supra note 12. In a November 1997 address in Lviv, Ukraine, First Lady Hillary Clinton denounced trafficking in women as a fundamental "violation of human rights...nothing less than modern slavery." Mrs. Clinton added that, "the U.S. Government has now identified Russian Organized Crime and this problem as a priority issue." Quoted in Zalisko infra note 72. But isn't that what the Ukrainian community has been telling them for years? An example of this global problem is the recent arrest of "Peter G., a German citizen, on 36charges of trafficking in human beings, promoting prostitution and bribery. He had at least 30 Slavic women working for him in brothels he owned, and police suspect he was responsible for trafficking up to 600 women and young girls under false pretenses. One of Peter G.'s victims was a 15-year old girl, who answered an ad for a baby-sitter in America", and stated that two men confiscated her passport, raped and beat her, and forced her to have sex with as many as twenty clients a day. Another example is the case of a young woman in Monmouth County (NJ) who was hired as a homemaker. The young woman was not allowed to leave the house, telephone family in Ukraine, or go shopping unescorted. She was sexually assaulted by the homeowner when his wife was not home, and threatened if she were to expose these assaults. She was told that the police would not believe her, and that if she did happen to contact the police they would imprison her and subsequently deport her. Cited in Zalisko infra note 72. Not all trafficked women wind up as go-go dancers or prostitutes. Many find themselves in jobs we might believe are perfectly legitimate. The job itself may be legitimate, but the conditions under which the women work are not. In most cases the woman's passport is taken away, she is not permitted contact with the outside world, wages are typically below minimum wage, no medical benefits are provided, and most often she is required to work at least 18 hours a day. The very same people whom they have come to trust often victimize them in the home. This form of enslavement is no less insidious than one in which the woman is forced into sexual slavery and all her personal freedoms and choices are denied. Some Walter's article For data on rape in prostitution, see Leidholdt, infra note 44; See also Mimi H. Silbert & Ayala M. Pines, Occupational Hazards of Street Prostitutes, 8 CRIM. JUST BEHAV. 395, 397 (1981) (70% of San Francisco street prostitutes reported rape by clients an average of 31 times); COUNCIL FOR PROSTITUTION ALTERNATIVES, 1991 ANNUAL REPORT 4 (48% of prostitutes were raped by pimps an average of 16 times a year, 79% by johns an average of 33 times a year). For data on beatings, see COUNCIL FOR PROSTITUTION ALTERNATIVES, supra at 4 (63% were beaten by pimps an average of 58 times a year). For data on mortality, see PORNOGRAPHYAND PROSTITUTION IN CANADA: REPORT OF THE SPECIAL COMMITTEE ON PORNOGRAPHY AND PROSTITUTION, VOLUME II 350 (1985) (finding that in Canada the mortality rate for prostituted women is 40 times the national average); Leidholdt, infra note 44 at 138 n.15 (the Justice Department estimates that a third of the over 4,000 women killed by serial murderers in 1982 were prostitutes). See Mimi H. Silbert & Ayala M. Pines, Entrance into Prostitution, 13 YOUTH & SOCIETY 471, 479 (1982) (60% of prostitutes were sexually abused in childhood); Leidholdt, infra note 44 , at 136 n.4 (quoting MIMI SILBERT, SEXUAL ASSAULT OF PROSTITUTES: PHASE ONE 40 (1980)) (66% of subjects are sexually assaulted by father or father figure); THE COUNCIL FOR PROSTITUTION ALTERNATIVES, 1991 ANNUAL REPORT 3 (85% of clients have histories of sexual abuse in childhood, 70% most frequently by their fathers). For a discussion of the "voluntariness" illusion, see Leidholdt, infra note 44 at 136-138.
[30] See generally Convention on the Elimination of All Forms of Discrimination Against Women, Sept. 3, 1981, 1249 U.N.T.S. 14.; International Convention for the Suppression of the Traffic of Women and Children, Sept. 30, 1921-Mar. 31, 1922, 9 L.N.T.S. 415; Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, Mar. 19, 1950, 96 U.N.T.S. 271; International Agreement for the Suppression of the White Slave Traffic, Mar. 18, 1904, 35 Stat. 1979, 1 L.N.T.S. 83; International Convention for the Suppression of the White Slave Traffic, May 4, 1910, 211 Consol. T.S. 45; International Convention for the Suppression of the Traffic in Women in the Full Age, Oct. 11, 1933, 150 L.N.T.S. 431; Human Rights Convention to Suppress the Slave Trade and Slavery (25 Sep 26); and Protocol (7 Dec 53)Convention Concerning Forced Labor (28 Jun 30)Universal Declaration of Human Rights (1948). The United Nations Convention Concerning Freedom of Association and Protection of the Right to Organize (9 Jul 48); Convention on the Prevention and Punishment of Genocide (9 Dec 48);Convention Concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (1 Jul49);Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (12 Aug 49);Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (12 Aug 49)Geneva Convention (III) Relative to the Treatment of Prisoners of War (12 Aug 49);Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (12 Aug 49); Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (21 Mar50);European Convention on Human Rights (4 Nov 50); Convention on the Political Rights of Women (31 Mar 53); Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (7 Sep 56); Convention Concerning the Abolition of Forced Labor (25 Jun 1957); International Convention on the Elimination of All Forms of Racial Discrimination (7 Mar 66); International Covenant on Economic, Social and Cultural Rights (16 Dec 66).International Covenant on Civil and Political Rights (16 Dec 66); and Optional Protocol Protocol relating to the Status of Refugees (31 Jan 67); American Convention on Human Rights (22 Nov 69); Convention Concerning Minimum Age for Admission to Employment (26 Jun 73); Convention on the Elimination of All Forms of Discrimination Against Women (18 Dec 81); Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (10 Dec 84).Convention on the Rights of the Child (20 Nov 89); International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (18Dec 90); Draft Declaration on the Rights of Indigenous Peoples (1992), International Indian Treaty Council Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (29 May 93); United Nations World Conference on Human Rights: Vienna Declaration and Action Programme (25 Jun 93); 1994 Draft Declaration of Principles on Human Rights and the Environment Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (19 Oct 96); Council of Europe: Convention on Human Rights and Biomedicine (4 April 1997). The Universal Declaration of Human Rights (1948)The Universal Declaration of Human Rights (UDHR), ratified by the United Nations in 1948, has grown into the primary accepted definition of human rights. The UDHR, in article two, maintains: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." It further proclaims that "[a]ll are equal before the law and are entitled without any discrimination to equal protection of the law." The most powerful language in the UDHR is found in article fourteen. It sets forth the expectation that all member countries will protect against human rights violations and provide the remedy of asylum to those who cannot gain protection from human rights violations in their countries of origin. Specifically, it declares that "[e]veryone has the right to seek and to enjoy in other countries asylum from persecution." The UDHR is the linchpin in the generally accepted human rights definition. Although the UDHR is not directly binding upon non-signatory countries, it does embody the international consensus regarding the definition of human rights. The UDHR proves extremely useful in the analysis of physical violence against women and its treatment in the law of asylum. For example, articles three and five identify bodily integrity and safety as basic human rights. Therefore, rape, torture, assault, and other physical abuses committed against women necessarily constitute human rights violations. The Declaration on the Elimination of Discrimination Against Women (1967). Declaration on the Elimination of Discrimination Against Women, G.A. Res. 2263, U.N. GAOR, 22nd Sess., Agenda Item 53, U.N. Doc. A/RES/2263 (1967) [hereinafter DEDAW])The Declaration on the Elimination of Discrimination Against Women (DEDAW was the first major instrument to focus exclusively on the issues of sex discrimination and women's rights. DEDAW calls for all U.N. Member Nations to "abolish existing laws, customs, regulations and practices which are discriminatory against women, and to establish adequate legal protection for equal rights of men and women." The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was subsequently enacted to put into effect the recommendations of DEDAW and create legally binding obligations upon signatory nations. Unfortunately, some western States have made several reservations to the CEDAW; Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature Mar. 1, 1980, 19 I.L.M. 33 (1980) [hereinafter CEDAW]. CEDAW defines sex discrimination as "any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women . . . of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field of public life." Id. art. 1. Natalie K. Hevener, International Law and the Status of Women 215 (1983). Human Rights in a Changing East-West Perspective 350 (Allan Rosas & Jan Hegleson eds., 1990); Hilary Charlesworth et al., Feminist Approaches to International Law, 85 Am. J. Int'l. L. 613, 633 (1991). The pattern of reservations to [CEDAW] underlines the inadequacy of the present normative structure of international law. The international community is prepared to formally acknowledge the considerable problems of inequality faced by women, but only, it seems, if individual States are not required as a result to alter patriarchal practices that subordinate women. See Phillip R. Trimble, International Law, World Order, and Critical Legal Studies, 42 Stan. L. Rev. 811 (1990). Reservations to the CEDAW constitute an implicit recognition by the international community that the reserving countries have the authority to continue to mistreat their female citizens. Id many of these reservations appear to be based upon the concept of a patriarchal relationship between men and women. Hilary Charlesworth has noted that CEDAW establishes much weaker implementation procedures than other U.N. human rights conventions, such as those related to racial discrimination and political and civil rights, and CEDAW has been subject to many more reservations than comparable human rights documents. The continued existence of reservations to CEDAW most certainly deteriorates the protection of the human rights of women globally. Schenk infra note 115 nn. 45- 52.
[31] United Nations Fourth World Conference on Women - Beijing 1995.
[32] 2 Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II.
[33] Janice G. Raymond, Health Effects of Prostitution, Ph.D. Co-Executive Director Coalition Against Trafficking in Women 1998. .http://www.uri.edu/artsci/wms/hughes/catw/health.htm Selected national and international studies, research projects and various women's programs have begun to address the health burden of violence against women. Such projects have especially focused on the health consequences to women of battering or domestic violence, rape and sexual assault, child sexual abuse and incest, and female genital mutilation. See, e.g., World Bank Discussion Papers 255, Violence Against Women: the Hidden Health Burden. In depicting the health effects of such forms of violence against women, these projects attempt to make the violence, harm and human rights violations to women visible. When violence against women is considered, prostitution is often exempted from the category of violence against women. However, a consideration of the dire health consequences of prostitution demonstrates that prostitution not only gravely impairs women's health but firmly belongs in the category of violence against women. The health consequences to women from prostitution are the same injuries and infections suffered by women who are subjected to other forms of violence against women including physical injuries (bruises, broken bones, black eyes, concussions). A 1994 study conducted with 68 women in Minneapolis/St.Paul who had been prostituted for at least six months found that half the women had been physically assaulted by their purchasers, and a third of these experienced purchaser assaults at least several times a year. 23% of those assaulted were beaten severely enough to have suffered broken bones. Two experienced violence so vicious that they were beaten into a coma. Furthermore, 90% of the women in this study had experienced violence in their personal relationships resulting in miscarriage, stabbing, loss of consciousness, and head injuries. See Ruth Parriott, Health Experiences of Twin Cities Women Used in Prostitution: Survey Findings and Recommendations. Unpublished, May 1994. Available from Breaking Free, 1821 University Ave., Suite 312, South, St. Paul, Minnesota 55104; The sex of prostitution is physically harmful to women in prostitution. STDs (including HIV/AIDS, chlamydia, gonorrhea, herpes, human papilloma virus, and syphilis) are alarmingly high among women in prostitution. Only 15 % of the women in the Minneapolis/St. Paul study had never contracted one of the STDs, not including AIDS, most injurious to health (chlamydia, syphilis, gonorrheal, herpes). General gynecological problems, but in particular chronic pelvic pain and pelvic inflammatory disease (PID), plague women in prostitution. The Minneapolis/St. Paul study reported that 31% of the women interviewed had experienced at least one episode of PID which accounts for most of the serious illness associated with STD infection. Among these women, there was also a high incidence of positive pap smears, several times greater than the Minnesota Department of Health's cervical cancer screening program for low and middle income women. More STD episodes can increase the risk of cervical cancer. Another physical effect of prostitution is unwanted pregnancy and miscarriage. Over two-thirds of the women in the Minneapolis/St. Paul study had an average of three pregnancies during their time in prostitution, which they attempted to bring to term. Other health effects include irritable bowel syndrome, as well as partial and permanent disability. The emotional health consequences of prostitution include severe trauma, stress, depression, anxiety, self-medication through alcohol and drug abuse; and eating disorders. Almost all the women in the Minneapolis/St. Paul study categorized themselves as chemically addicted. Crack cocaine and alcohol were used most frequently. Ultimately, women in prostitution are also at special risk for self-mutilation, suicide and homicide. 46% of the women in the Minneapolis/St. Paul study had attempted suicide, and 19% had tried to harm themselves physically in other ways. More succinctly, women in prostitution suffer the same broken bones, concussions, STDs, chronic pelvic pain, and extreme stress and trauma that women who have been battered, raped and sexually abused endure. In fact, the case can be made that women in prostitution -- because they are subject to being battered, raped and sexually abused all at the same time over an extensive period of time -- suffer these health consequences more intensively and consistently. For example, in another survey of 55 victims/survivors of prostitution who used the services of the Council for Prostitution Alternative in Portland, Oregon, 78% were victims of rape by pimps and male buyers an average of 49 times a year; 84% were the victims of aggravated assault and were thus horribly beaten, often requiring emergency room attention and hospitalization; 53% were victims of sexual abuse and torture; and 27% were mutilated. Susan Kay Hunter, quoting oral testimony collected by the Council for Prostitution Alternatives in "Prostitution is Cruelty and Abuse to Women and Children." Feminist Broadcast Quarterly, Spring 1993. Available from the Council for Prostitution Alternatives, 519 Southwest Park Avenue, Suite 208, Portland, Oregon 97205; also available from the Coalition Against Trafficking in Women. Jodi L. Jacobson, "The Other Epidemic." World Watch. May-June 1992, pp. 10-17.
[34] Malka Marcovich , "Peace or War: An International Approach to Prostitution and Trafficking," Movement for the Abolition of Prostitution and Pornography , International Seminar on Militaries and Gender 25th - 26th November 1999 Leeds, UK (perplexed at Europe's legalization of prostitution inquires "Do we accept that Europe, pretending to be the cradle of Human Rights, promotes in the name of peace, consensus, liberty, democracy and economic empowerment, a system which by legalizing prostitution normalizes domination, torture, cruel, inhuman and degrading treatment"; See also Katherine M. DePasquale,The Effects of Prostitution, http://www.feminista.com/v1n5/depasquale.html; See also Specter supra note 12. Similar to child sexual abuse, the female child prostitute may experience the psychological feelings of guilt, shame, anxiety, depression, and low self-esteem. She may also commit suicide. Judith Lewis Herman noted that survivors of prolonged sexual abuse suffer from complex post-traumatic stress disorder (CPTS) CPTS is the psychological alteration of consciousness, self-perception, and relationships with others. First, Herman notes that victims may have an alteration in consciousness which may include amnesia, blackouts, and transient disassociative episodes. Second, the victim's exposure to continuous abuse leads to the alteration of self-perception. The victim may feel a sense of helplessness, shame, guilt, and a sense of defilement. Survivors of abuse are vulnerable to repeated victimization. The child victim may suffer from chronic suicidal preoccupation and inflict self-injury. Self-injury has been characterized as a pathological soothing mechanism and can take the form of vomiting, purging, using drugs, and exposing oneself to danger Furthermore, the long term effects on the child victim may result in her inability to integrate with society. Her alteration in relations with others may result in her being isolated, withdrawn, distrusting, and unable to sustain intimate relationships. As noted above, trauma depends on the individual involved and "on the degree of resilience of the affected person." In response to being raped, some rape victims may suffer from lingering fear and may "spend a lifetime dealing with the trauma and lasting terror." Judith Lewis Herman Trauma and Recovery (New York 1992) nn 9-96.
[35] Dorchen Leidholdt , Position Paper for the Coalition Against Trafficking in Women, Special Seminar on Trafficking, Prostitution and the Global Sex Industry, United Nations Working Group on Contemporary Forms of Slavery, Organized by Coalition Against Trafficking in Women, International Movement Against Discrimination and Racism, International Human Rights Law Group and Anti-slavery Geneva, Switzerland June 21, 1999, http://www.uri.edu/artsci/wms/hughes/catw/posit1.htm
[36] Women in the Law Project, "Token Gestures: Women's Human Rights and UN Reporting", The International Human Rights Law Group, (Washington, D.C., 1993), p. 3. Beijing Declaration and Platform for Action, Report of the Fourth World Conference on Women, UN Doc. A/CONF.177/20, para. 145(d). For example, see Report of the Human Rights Committee, UN Doc. Supplement No. 40 (A/47/40); Report of the Human Rights Committee, UN Doc. Supplement No. 40 (A/49/40); Official Records of the Human Rights Committee, 1990/1991, Vol. 1; United Nations, International Instruments, Chart of Ratifications as at 30 June 1995, (New York and Geneva, 1995). UN Fact Sheet No. 22, "Discrimination Against Women: The Convention and the Committee", p. 63. Convention on the Elimination of All Forms of Discrimination against Women, report of the Secretary-General, UN Doc. A/49/308, p. 28; See also The regional and national dimensions of the right to development as a human right, study by the Secretary-General, UN Doc. E/CN.4/1488, paras. 98-110; Katarina Tomasevski, "The World Bank and Human Rights", in Human Rights in Developing Countries, 1989 Yearbook, edited by Manfred Nowak and Theresa Swinehart, (Kehl: N.P. Engel, 1989), p. 101.; Global Consultation on the Right to Development as a Human Right, report prepared by the Secretary-General, UN Doc. E/CN.4/1990/9/Rev. 1, paras. 96 & 97.
[37] Brussa, Licia, SURVEY ON PROSTITUTION, MIGRATION AND TRAFFIC IN WOMEN: HISTORY AND CURRENT SITUATION (Strasbourg: Council of Europe, 1991); Demleitner, Nora V., Forced Prostitution: Naming an International Offense, 18 FORDHAM INTERNATIONAL LAW JOURNAL, 163-97 (1994);Reanda, Laura, Prostitution as a Human Rights Question: Problems and Prospects of United Nations Action, 13 HUMAN RIGHTS QUARTERLY, 202-28 (1991; Scibelli, Pasqua, Empowering Prostitutes: A Proposal for International Legal Reform, 10 HARVARD WOMEN'S LAW JOURNAL, 117-57 (1987); Thomas, Dorothy Q. & Levi, Robin S., Common Abuses Against Women, in WOMEN AND INTERNATIONAL HUMAN RIGHTS LAW, v.1, Askin and Koenig (eds.), 139-76 (Ardsley: Transnational Publishers Inc. 1999).
[38] Michael Specter, Contraband Women--A Special Report:New Cargo: Naive Slavic Women, New York Times 1/11/98.
[39] See generally KATHLEEN BARRY, FEMALE SEXUAL SLAVERY (1979).
[40] Crime & Servitude: An Exposé of the Traffic in Women for Prostitution from the Newly Independent States A report prepared by Gillian Caldwell, Steven Galster, and Nadia Steinzor of the Global Survival Network. For presentation at an international conference on "The Trafficking of NIS Women Abroad," Moscow, Russia, Nov. 3-7 (1997)[hereinafter GSN Report].
[41] Specter supra note 12.
[42] Specter supra note 12 , GSN supra note 41.
[43] For a vivid description of the inequality between pimp and prostitute, see Dorchen Leidholdt, Prostitution: A Violation of Women's Human Rights, 1 CARDOZO WOMEN'S L.J. 133 (1993).
[44] The Tropicana, in Tel Aviv's bustling business district, is one of the busiest bordellos. The women who work there, like nearly all prostitutes in Israel today, are Russian. "Israelis love Russian girls," said Jacob Golan, who owns this and two other clubs, and spoke willingly about the business he finds so "successful." "And they are desperate. They are ready to do anything for money." Always filled with half-naked Russian women, the club is open around the clock. There is a schedule on the wall next to the receptionist -- with each woman's hours listed in a different color, and the days and shifts rotating, as at a restaurant or a bar. Next to the schedule a sign reads, "We don't accept checks". There are 12 cubicles at the Tropicana where 20 women work in shifts, eight during the daytime, 12 at night. Business is always booming, and not just with foreign workers. Israeli soldiers, with rifles on their shoulders, frequent the place, as do business executives and tourists. Specter supra note 12 .
[45] Specter supra note 12 ; Jyothi Kanics, Global Survival Network Editors: Tom Barry (IRC) and Martha Honey (IPS)In Focus; Trafficking In Women 3 In Focus 30 (October 1998)on line at http://www.foreignpolicy-infocus.org/briefs/vol3/v3n30wom.html.
[46] Although this paper focuses on women, trafficking of women raises questions which are also relevant to traffic in children. However, current concern about abuse and exploitation of children raises many other issues besides trafficking which must therefore be specifically addressed. The particular needs and situation of children require targeted analysis and responses, both socially and legislatively. The Stockholm World Congress against Commercial Sexual Exploitation of Children, concluded that a coherent and coordinated approach is needed, including immediately realizable measures to combat child pornography on the Internet.
[47] The Coalition Against Trafficking in Women is a feminist human rights nongovernmental organization that works internationally to oppose all forms of sexual exploitation. They provide the following definitions. " Sexual exploitation is a practice by which person(s) achieve sexual gratification or financial gain or advancement through the abuse of a person's sexuality by abrogating that person's human right to dignity, equality, autonomy, and physical and mental well-being. Sexual exploitation includes sexual harassment, rape, incest, battering, pornography and prostitution. Prostitution includes casual, brothel, or military prostitution, sex tourism, mail order bride selling and trafficking in women. The Harm: Sexual exploitation preys on women and children made vulnerable by poverty and economic development policies and practices; refugee and displaced persons; and on women in the migrating process. Prostitution victimizes all women, justifies the sale of any woman, and reduces all women to sex. Sexual exploitation eroticizes women's inequality. Sexual exploitation is a vehicle for racism and "first world" domination, disproportionately victimizing minority and "third world" women. Local and global sex industries are systematically violating women's rights on an ever - increasing scale. Sexual exploitation violates the human rights of anyone subjected to it, whether female or male, adult or child, Northern or Southern. The Solution: Decriminalize the women in prostitution. Criminalize the men who buy women and children and anyone who promotes sexual exploitation, particularly pimps and procurers. Reject State policies and practices that channel women into conditions of sexual exploitation. Provide education and employment opportunities that enhance women's worth and status, thereby diminishing the necessity for the women to turn to prostitution. The Vision: It is a fundamental right to be free of sexual exploitation in all its forms. Women have the right to sexual integrity and autonomy. " See Leidholdt supra note 21.
[48] Margaret A. Healy, Prosecuting Child Sex Tourists at Home: Do Laws in Sweden, Australia, and the United States Safeguard the Rights of Children as Mandated by International Law? 18 Fordham Int'l L.J. 1852, (1995).
[49] Swedish Study supra note 10; Convention on the Rights of the Child: Report of the Third Committee, U.N. GAOR, 44th Sess., Agenda Item 108, U.N. Doc. A/44/736(1989) [hereinafter Convention]. The Thai government does not do enough to combat child prostitution. The government appears to view prostitution as a key to regional development and foreign currency. Cynthia Price Cohen, Child Sexual Exploitation in Developing Countries,44 Rev. of Int'l Comm'n of Jurists 36, 42 n. (1990); Children on the Altar, Indianapolis Star, June 17, 1995, at A4; Susan Kay Hunter, Prostitution is Cruelty and Abuse to Women and Children, 1 Mich. J. Gender & L. 91, 93-94 (1993).
[50] In developing countries, it has also been estimated that "70 percent of female infertility... is caused by sexually transmitted diseases that can be traced back to their husbands or partners. . Jacobson, Jodi L. "The Other Epidemic." World Watch. May-June 1992, pp. 10-17. Among women in rural Africa, female infertility is widespread from husbands or partners who migrate to urban areas, buy commercial sex, and bring home infection and sexually transmitted diseases. Women in prostitution industries have been blamed for this epidemic of STDs when, in reality, studies confirm that it is men who buy sex in the process of migration who carry the disease from one prostituted woman to another and ultimately back to their wives and girlfriends. In what becomes a vicious cycle, infertility leads to divorce and, in some cases, the ex-wife who is cast aside herself turns to prostitution to survive. "The movement of abandoned or rejected 'barren' women to urban prostitution has been documented in Niger, Uganda, and the Central African Republic. Numerous studies in Africa and Asia by the World Bank and a number of international research organizations have found that divorced or separated women comprise the great majority of prostitutes or 'semi' prostitutes' Id. at 13." A major health effect of the mass male consumption of commercial sex and the expansion of sex industries in developing countries, is not only a rampant increase in sexually transmitted diseases but an exponential increase in infertility. The further effects of this vicious cycle insure that a whole new segment of women who are abandoned by their husbands due to infertility, are propelled into prostitution for survival. Until prostitution is accepted as violence against women and a violation of women's human rights, the health consequences of prostitution cannot be addressed adequately. Until the health burden of prostitution is made visible, the violence of prostitution will remain hidden.
[51] IOM study supra note 10.
[52] "Trafficking and Prostitution: The Growing Exploitation of Migrant Women from Central and Eastern Europe," IOM, May 1995).
[53] Swedish study supra note 10.
[54] "Commercial Sexual Exploitation of Children in some Eastern European Countries" EPCAT, March 1996.
[55] See supra note 31.
[56] GSN Report supra note 41.
[57] GSN report supra note 41; IOM Study supra note 10; Specter supra note 10.
[58] See Zillah Eisenstein, supra note 19; See also Alfred C. Aman, Jr., Indiana Journal of Global Legal Studies: An Introduction, 1 Ind. J. Global Legal Stud. 1, 1-2(1993); Jost Delbrück, Globalization of Law, Politics, and Markets--Implications for Domestic Law--A European Perspective, 1 Ind. J. Global Legal Stud. 9, 10-11 (1993). Susan H. Williams supra note 19.
[59] Swedish Study supra note 10; GSN supra note 41.
[60] Id.
[61] Specter supra note 12.
[62] Zoya Khotkina of the Moscow Center for Gender Studies has observed that an average of 75 percent of the women who advertised their availability to work as secretaries had to specify "no intimacy", meaning no sexual services provided. Specter supra note 12.
[63] GSN study supra note 41; Swedish study supra note 10.
[64] "It's no secret that the highest prices now go for the white women," said Marco Buffo, executive director of On the Road, an antitrafficking organization in northern Italy. "They are the novelty item now. It used to be Nigerians and Asians at the top of the market. Now it's the Ukrainians." Cited in Specter supra note 12.
[65] IOM Study supra note 10; GSN study supra note 41; Specter supra note 12.
[66] Specter supra note 12.
[67] Cited in Specter supra note 12.
[68] Cited in Specter supra note 12.
[69] Cited in Specter supra note 12.
[70] Cited in Specter supra note 12.
[71] Walter Zalisko Russian Organized Crime, Trafficking in Women, and Government's Response, http://www.monmouth.com/~wplz/Index1.htm; See also GSN Expose supra note 41.
[72] Zalisko supra note 72.
[73] Specter supra note 12 ; Zalisko supra note 72.
[74] GSN study supra note 41; Specter supra note 12.
[75] Id.
[76] See, e.g., Captive Daughters This American non-profit organization page is dedicated to end the sex trafficking of girls, especially in Asia. The site includes links to other organizations in Asia and the U.S. who are opposed to the sexual slavery of women and a bibliography of print resources on the topic. Coalition Against Trafficking in Women The site includes publications, statements, testimony, and contact information on issues related to sexual slavery and international trafficking in women. The Coalition is a feminist non-governmental organization made up of individuals and groups from around the world. Global Alliance Against Traffic in Women This non-governmental organization is based in Thailand. Its aim is to ensure that the human rights of women are taken into consideration by authorities and agencies working against the global traffic in women. The site explains the position of GAATW on sexual slavery and details reports made on the situation in Asia, as well as a letter to participants of a workshop in Uganda. The purpose of this organization is to support action by grassroots women's rights groups. International Labour Organization Important International Labour Organization (ILO) Conventions can be found by searching the ILO site. In particular, Conventions on Forced Labour (No. 29), Abolition of Forced Labour (No.105), On Freedom of Association (No. 87), and Protection of Wages (No. 95) are relevant. Also relevant is the ILO Convention Concerning the Prohibition and Immediate Action For the Elimination of the Worst Forms of Child Labour adopted by the International Labour Conference at its 87th session in June, 1999. Korean 'Comfort Women' and Japanese Military Sexual Slavery The Korean Council for Women Drafted for Military Sexual Slavery by Japan maintains the site which can be searched for news, resources, and activities related to problem of sexual slavery. The problem of the Japanese military enslavement of women occurred during the1930-40's. The council estimates that 80% of the approximately 200,000 women captured as sexual slaves were Korean. The President's Interagency Council on Women [USA] Established in the U.S. in August 1995, the Council's mandate is to "make sure that all the effort and good ideas actually get implemented when we get back home." The Council is charged with coordinating the implementation of the Platform for Action adopted at Beijing, including the U.S. commitments announced there. It also "develops related initiatives to further women's progress and engages in outreach and public education to support the successful implementation of the Conference agreements." The site contains information about US support for women and girls in Afghanistan, trafficking in women and girls, and the Beijing plus 5 review. Special Rapporteur of the Commission on Human Rights on the Sale of Children, Child Prostitution and Child Pornography This is a series of Resolutions and Reports by the special rapporteur. The current rapporteur is Ms. Ofeilia Calcetas-Santos (Phillipines) (as of December 1999 and since 1994). This page also links to other important United Nations documents relating to the sale of children, child prostitution and child pornography. The materials are available in English, French and Spanish Special Rapporteur on the Sale of Children. This part of the United Nations site provides a series of links to resolutions and reports of the Special Rapporteur on the Sale of Children. Commission on Human Rights resolution 1999/40 relates specifically to trafficking in women and girls. The material is also available in French and Spanish. United Nations High Commissioner For Human Rights--slavery, forced labour, etc. This section of the High Commissioner's site provides a list of relevant treaties under the heading "Slavery, servitude, forced labour and similar institutions and practices." United States State Department, Office of the Senior Coordinator for International Women's Rights Issues The Office of the Senior Coordinator for International Women's Issues is congressionally mandated to promote the human rights of women within American foreign policy. The site includes links to information on several international law related subjects including Trafficking in Women and Girls, Beijing Platform for Action, Women 2000: Beijing Plus Five, and America's Commitment reports.
[77] Janice G. Raymond , PROSTITUTION AS VIOLENCE AGAINST WOMEN: NGO STONEWALLING IN BEIJING AND ELSEWHERE Co-executive Director Coalition Against Trafficking in Women Women's Studies Program University of Massachusetts, Amherst, Massachusetts USA Women's Studies International Forum, Vol. 21, No. 1, pp. 1-9, 1998. International policies and legislation increasingly omit prostitution per se from the category of violence against women. Various governmental and non-governmental groups make efforts to distinguish and to legitimize certain practices of sexual exploitation, drawing distinctions, for example, between "forced" and "free" prostitution. These efforts culminated in lobbying for what would be finally included in the Beijing Declaration and Platform for Action that emerged from the Fourth World Women's Conference in Beijing. This article addresses these efforts; the NGOs who advocate such distinctions; and the consequences of revising the harm done to women in prostitution into a consenting act. The Beijing Declaration and Platform for Action that emerged from the Fourth World Women's Conference in Beijing is clear in its condemnation of violence against women. It denounces the systematic rape of women in wartime and advocates prosecuting perpetrators as war criminals. It acknowledges that domestic violence is a worldwide problem and urges governmental intervention. And it condemns genital mutilation of girls and sexual harassment as human rights violations (United Nations, 1995a, pp. 51-65). What the Platform excludes as violence against women, however is prostitution per se from the category of human rights violations. This effort culminated especially in lobbying for what would be finally included in the Platform for Action in Beijing (Center for Women's Global Leadership, 1995, p. 16) (1). Many NGOs -- instead of viewing prostitution itself as violence against women, and thus a human rights violation -- acted on the assumption that prostitution is a human right, a right of woman to do what she wants with her body. In this article, Raymond addresses the role of NGOs and their positions on prostitution and sex trafficking. The philosophy that prostitution is a human right has been advanced, in international forums such as Beijing, by drawing distinctions between forced and free, adult and child, third world and first world prostitution, and between prostitution and trafficking. These distinctions are then used to make some forms of prostitution acceptable and legitimate, revising the harm that is done to women in prostitution into a consenting act and excluding prostitution from the category of violence against women. The sex industry, Raymond argues, thrives on this language and these distinctions. When distinctions are made between forced and free prostitution, for example, it becomes almost insurmountable for many, if not most, women in prostitution to prove that they have been forced. When distinctions are made between child and adult prostitution, the age of consent in some countries is simply reduced. In practice, the age of children in prostitution is becoming lower and lower; Human Rights /Asia, in their report on the trafficking of Nepali girls and women into India (1995, p. 15), states that the average age of the thousands of Nepali girls recruited every year for prostitution in Indian brothels, has dropped from 14-16 years of age during the 1980s, to 10-14 years of age during the 1990s. NGOs that work to abolish institutionalized trafficking and prostitution per se receive funding, reports Raymond, only if they adhere to these distinctions; only if they call prostitutes commercial sex workers; only if they refer to prostitution as "forced prostitution;" only if they separate trafficking from prostitution and focus on closed brothels where women are kept in obvious indentured conditions; and only if they work with other groups who accept these conditions and distinctions. Some governments who have vocally opposed making prostitution a violation of human rights are also funding NGOs, such as the Dutch Foundation Against Trafficking in Women (STV) and its international offshoot, the Global Alliance Against Traffic in Women (GAATW), which take similar positions. Thus governments and funding agencies are able to exert enormous influence over the agenda of what gets counted as violence against women. Increasingly, prostitution per se is declared a violence-free zone. Raymond points to the fact that the recent report of Human Rights Watch/Asia, referred to previously and which is entitled Rape for Profit, is a carefully researched and sensitively written report on the trafficking of Nepali Girls and Women into India's Brothels. Yet after documenting the extreme youth, the poverty, the horrendous abuse, the coercion, and outright abduction of young 10-14 year old girls into prostitution in India, the Report goes on to refer to them as "sex workers" (Human Rights Watch/Asia, 1995, e.g., pp. 13, 49, 65). In a footnote designed to show that the researchers are familiar with the controversy over this term, the report says: "...many activists in India who work with trafficking victims object to its use (i.e., the term sex worker or commercial sex worker)..." (Human Rights Watch/Asia, 1995, note 15 at p.13). Raymond concludes that A new Convention Against All Forms of Sexual Exploitation speaks to the seriousness of the violation of merchandising women and children sexually. It proclaims that the international community will not tolerate this abuse, regardless of the victim's age, consent, race or geography. It declares for the first time that all sexual exploitation is a violation of a person's human rights. It promotes social and economic remedies for women in prostitution, without minimizing the enforcement measures that are necessary to thwart and punish the perpetrators and customers. And it provides mechanisms for international supervision. This new Convention Against All Forms of Sexual Exploitation recognizes that there can be no supply of women and children without the male demand for the sex of prostitution; without the sex industry's commodification of women and children; without the direct and/or tacit approval of governments in fostering sex tourism, for example, or zoned areas of prostitution; and without the exporting of a western sexual liberalism that depicts prostitution as sexual pleasure and liberation, calls it work, and tells us that prostitution is about a woman's right to control her own body! The new Convention Against All Forms of Sexual Exploitation recognizes that women's human rights are seriously threatened by the massive and growing sexual exploitation of women, and that international policy and legislation must be made more effective in the struggle against sexual exploitation. Finally, it affirms that all women have the right to sexual autonomy and integrity. Holland is a primary example where the age of consent has recently been lowered to 12. At the same time that Holland has articulated opposition to child prostitution, it has decreased the age of consent. Among other things, this effectively means that any girl over age 12 can be presumed to consent to prostitution, and that adult men who engage in sex with any girl beyond age 12 cannot be punished. The age of consent has long been a contested legal area, a most famous example being the turn of the century reformers' campaigns to raise the age of consent from ten to sixteen in Britain (Jeffreys, 1985, p. 54). In conversations with prospective funders, it has been suggested to representatives of the Coalition Against Trafficking in Women, of which Raymond is a Director, that its future funding possibilities would be enhanced if we were willing to "compromise" on the forced/free distinction and "dignify" women in prostitution as "sex workers." The government of the Netherlands has been one of the most vocal proponents -- within the European Union, at the Beijing conference, and elsewhere -- that prostitution per se is not violence against women, that distinctions between forced and free prostitution are necessary, and that prostitution should be accepted as "sex work." They have funded several NGOs which work in a non-governmental capacity to promote the above goals. This proposed Convention Against Sexual Exploitation, launched by the Coalition Against Trafficking in Women with the support of UNESCO, is presently being circulated in draft form. It is a product of ongoing consultations, meeting and conferences of nongovernmental organizations, human right and women's rights groups in major world regions. See also Anti-Slavery International, Redefining Prostitution as Sex Work on the International Agenda (1997).
[78] Malka Marcovich "Human Rights - A European Challenge?," (1999) points to the irony that the European Union wants to reaffirm basic principals of human rights. It is within these considerations that a strong, but covert battle is taking place on the question of the legalization of the market of the body. On one side, Sweden has established a new norm with its new law that criminalizes the men who buy sexual services--since January 1999. On the other side, wherever possible, the Netherlands is pushing the norm which legalizes pimping. Through a new law proposed on February 2, 1999 in the Dutch parliament, brothels will be legalized. The Netherlands also pushes for this new norm in any debate that takes place among the European Parliament, the Council of Europe, or in any international forum and organization. The question of equality between men and women has become one important issue in the European Union in 1984, when the Commission of the Rights of Women was created. In 1993, the question of trafficking also became an issue, but disconnected from the issue of prostitution. In 1997, an inter-ministerial conference in The Hague tried to establish common guidelines to combat trafficking. The question of violence against women has also become a crucial issue, t at the same time, prostitution has been excluded from the theme of violence against women. Every year funds have been given on a specific aspect of violence against women. The Daphne funds were created for this purpose and are awarded to NGOs working in cooperation in different countries of the European Union. In 1997-1998, the Daphne Funds were awarded to projects against trafficking, but excluded programs that precisely dealt with prostitution. In 1999, the Daphne funds were given to projects against domestic violence within the conceptual framework of the year: "the year of zero tolerance of violence against women". It is interesting to notice that large public campaigns are operated to address the questions of equality and violence against women, and at the same time, the issue of prostitution has been systematically put aside because it is connected with the economic growth of the sex industry. The Dutch, with the complicity or solidarity of most of the countries of the EU, have conceptualized and pushed their liberal project which makes of the human body a consumer product. Even if European citizens elect the parliament, there is no strong civil lobby that can influence its decisions. No NGOs have consultative status. This lack of representation is the reason a group of women from nine European countries created the European Women's Lobby in 1990. Since then it has been recognized by the European parliament as a valid interlocutor on women's right issues. Today, the European Women's Lobby, with 2,700 federated NGOs throughout Europe, has an official, global anti-prostitution stand. But in each country of Europe, the national branch of the Lobby does not always have the same position. See Swedish study supra note 10.
[79] See infra note 126.
[80] Coalition Against Trafficking in Women Testimony Submitted to the Hearings on Trafficking, Sub-Committee on International Operations and Human Rights, September 14, 1999, Dr. Janice G. Raymond; See also Position Paper for The Coalition Against Trafficking in Women, Special Seminiar on Trafficking, Prostitution and the Sex Industry, Geneva, June 1999 ; Donna M. Hughes and Claire M. Roche , Making the Harm Visible-Global Sexual Exploitation of Women and Girls-Speaking Out and Providing Services; Donna M. Hughes, Pimps and Predators on the Internet: Globalizing the Sexual Exploitation of Women and Children; Janice G. Raymond, Legitimating Prostitution as Sex Work: UN Labor Organization (ILO) Calls for Recognition of the Sex Industry; Dorchen Leidholdt, Prostitution: A Contemporary Form of Slavery; See also Donna M. Hughes ,Resolution - Misuse of the Internet for the Purpose of Sexual Exploitation; Janice G. Raymond, Sex: From Intimacy to "Sexual Labor," or Is it a Human Right to Prostitute; Janice G. Raymond, Prostitution as Violence Against Women: NGO Stonewalling in Beijing and Elsewhere; Donna M. Highes, Sex Tours via the Internet; Donna M. Hughes, Trafficking and Sexual Exploitation on the Internet; Janice G. Raymond, Proposed United Nations Convention Against Sexual Exploitation; Report to the Special Rapporteur on Violence Against Women, all available at http://www.uri.edu/artsci/wms/hughes/catw
[81] L. Amede Obiora, Feminism, Globalism and Culture 4 Ind. J. Global Legal Stud. 2 (1999) at http://www.law.indiana.edu/glsj/vol4/no2/obipgp.html noted that at the First World Conference on Women, held in Mexico City in 1975, the agenda was marked by conflict regarding who should define its focus and parameters. The second conference in Copenhagen in 1980 and the conference in Nairobi in 1985 were equally controversial. The objectives of women from Third World countries, more preoccupied with economic marginalization, debt crises, restrictive monetary policies, and militarization, had different perspectives and priorities than women from the more privileged nations. The responses of many women from Third World countries to Western feminists' demands for reproductive rights was dismissive. Criticizing the Western domination of earlier conferences, Asma Jahangir, chair of Pakistan's Human Rights Commission, remarked, "I am beginning to think that Western women lack a deep understanding and global perspective of women's issues." The Beijing meetings mirrored the traditional pattern of disagreements, gridlocks, dialogues and eventual reconciliations and resolutions. Delegates arrived in Beijing for the Conference with merely a draft document still subject to negotiation and consensual approval. After sustained deliberations, the Conference adopted a landmark resolution.
[82] Legal remedies that address the demand side of trafficking have been passed at the international level at the United Nations and the national level in Sweden. See infra note 83.The older 1949 United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others has not been widely ratified and lacks a monitoring body, so it has had limited impact against the transnational trafficking of women. The newly defined type of violence against women and crime in Sweden "the purchase of sexual services" has only been in place for one year and its effectiveness is yet to be evaluated. Trafficking in women for the purpose of sexual exploitation has become such a large and severe crisis for the well being of women and the security and stability of some states that interventions are needed at all levels and points in the trafficking process.
[83] Fact sheet has been produced by the Ministry of Labour in cooperation with the Swedish Ministry of Justice and the Swedish Ministry of Health and Social Affairs. More fact sheets can be ordered from the Secretariat for Information and Communication at the Ministry of Labour, Tel +46-8-405 11 55, Fax +46-8-405 12 98. Artiklnr. A98.004
[84] Swedish study supra note 10; Zalisko supra note 72.
[85] Donna M. Hughes, Sexual exploitation and trafficking of women on the Internet Policing the Internet - Combating Pornography and Violence on the Internet A European Approach London, February 1997.
[86] Resolution, Misuse of the Internet for the Purpose of Sexual Exploitation, submitted by Coalition Against Trafficking in Women, United Nations Working Group on Contemporary Forms of Slavery, Geneva, May 1998 http://www.uri.edu/artsci/wms/hughes/catw/resolut.htm ; Donna M. Hughes, The "Natasha" Trade: The Transnational Shadow Market of Trafficking in Women, Journal of International Affairs, Spring 2000.
[87] Donna M. Hughes, The Internet and Sex Industries: Partners in Global Sexual Exploitation, Technology and Society Magazine, Spring 2000 http://www.uri.edu/artsci/wms/hughes/siii.htm; Donna M. Hughes, Sex Tours via the Internet, In Feminista! The Online Journal of Feminist Construction, Vol 1, No. 7, (1997); Donna M. Hughes, Pimps and predators on the Internet: Globalizing the Sexual Exploitation of Women and Children (1999) http://www.uri.edu/artsci/wms/hughes/catw/pprep.htm
[88] The country with the most posting is the UK, followed by the Netherlands and Germany. Donna M. Hughes, The Internet and Sex Industries: Partners in Global Sexual Exploitation, Technology and Society Magazine, Spring 2000 http://www.uri.edu/artsci/wms/hughes/siii.htm;
[89] Id.
[90] Healy supra note 51.
[91] Dorchen Leitholdt, Public Policy, Administrative, and Legal Measures in Proposed United Nations Convention Against Sexual Exploitation, (January 1995)at http://www.uri.edu/artsci/wms/hughes/catw/legalmea.htm Makes many legal recommendations to close the gap
[92] Donna M. Hughes, The Internet and Sex Industries: Partners in Global Sexual Exploitation, Technology and Society Magazine, Spring 2000 http://www.uri.edu/artsci/wms/hughes/siii.htm
[93] See, e.g., David Johnson and David Post, Law and Borders: The Rise of Law in Cyberspace, 48 Stanford Law Review 1367 (1996).
[94] Granted, the opposing interest to internet regulation is not simply the interest in seeing that individuals have access to obscene material, it is the interest of citizens in preserving the global free flow of information. This is the Net equivalent of the First Amendment, a principle already recognized in the form of the international human rights doctrine protecting the right to communicate. See Jonathan Graubert, What's News: A Progressive Framework for Evaluating the International Debate Over the News, 77 Cal. L. Rev 629, 633 (1989) ("The guiding principle in international communications since World War II has been the U.S. inspired goal of a free flow of information. According to this principle, ë[f]reedom of information implies the right to gather, transmit and publish news anywhere and everywhere without fetters.'") (citing G.A. Res. 59 (I), 1(2), U.N. GAOR Resolutions at 95, U.N. Doc. A/64/Add. 1 (1947). The free flow of information principle has been defined as a necessary part of freedom of opinion and expression. See Article 19 of the Universal Declaration of Human Rights, G.A. Res. 217(III)A, 3(1) U.N. GAOR Resolutions at 71, 74_75, U.N. Doc. A/810 (1948) (stating that freedom of expression includes "freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers"). There are compelling arguments on the importance of Free Speech to liberty. See generally Amarya Sen Development as Freedom, (Oxford University Press 1999). Software engineer Lin Hai was arrested on March 25, 1998 for providing 30,000 e-mail addresses to a pro-democracy Internet newsletter. On January 20, 1999, he was sentenced to two years in prison. Physicist and dissident Wang Youcai was sentenced on December 21, 1998 to 11 years in prison; the charges against Wang included trying to organize a peaceful opposition party and sending e-mail messages to dissidents in the U.S. For more detailed background information, see http://www.dfn.org/Alerts/freesci/freesci.html Digital Freedom Network (DFN) and the Electronic Frontier Foundation reported that in addition there was a dissident who was arrested for printing out copies of VIP Reference, the e-mail pro-democracy magazine that Lin Hai sent e-mail addresses to. See more information about Qi Yanchen at the DFN site. From North Korea to Cuba to Syria, officials are struggling to contain the tide of unwanted information that the Internet threatens to unleash upon their countries' citizens. Burma: The authorities in Rangoon introduced Internet regulations this month very similar to the restrictions that China has tried to impose. These include requiring internet users to register with the police and banning unauthorized websites and the transmission of material deemed harmful to the state. Burma is likely to be more successful than China in enforcing these regulations because private internet usage is still virtually unheard of, and even the ownership of an unauthorized modem can result in a lengthy jail term. Vietnam: Slightly ahead of Burma in the easing of restrictions on the private use of the internet. Users must still seek permission from the government, and as in China, websites deemed politically or morally harmful are blocked. But internet cafes are beginning to open and if China's experience is anything to go by these will provide citizens with a way of accessing material with little risk of their browsing habits being monitored by the authorities. North Korea: Private use of the internet is banned. Malaysia: Opposition forces have made extensive use of the internet. Malaysia ruled in December 1998 that internet cafes must record the names of people who use their computers. But the government says it will not attempt to censor the internet and some Malaysian journalists publish political news on the web that would be banned from the country's broadcast or print media. Cuba: Internet use in Cuba is only just beginning to extend to the general public. It is believed that e-mail messages are often monitored by the police. Central Asia and the Caucasus: The watchdog group Reporters Without Frontiers issued a report last August describing the countries of this region as among the "enemies of the internet", with only very limited access provided. Middle East: There is no direct access to the internet in Baghdad, while in Iran the authorities block sites deemed harmful to the state or the Muslim faith. Saudi Arabia also blocks access to sites that provide information considered contrary to Islamic values. In Syria, individuals are generally not allowed access to the internet. From Reporters without Frontiers http://www.rsf.fr/uk/html/internet/ennemis.html
[95] Donna M. Hughes , Globalizing Sexual Exploitation of Women and Children Globalizing Women's Rights and Dignity, supra note 87. Looking at the astronomical growth and profits of the sex industry, the human cost is overlooked by some. Some confuse glamorous numbers and digital images with real women and children. The profits of the sex industry are based on sexual exploitation, which starts with harm to real people. Sexual exploitation violates human dignity and bodily integrity and is a violation of human rights. The basic premise of international human rights is that people have a right to lives with dignity. The United Nations Universal Declaration of Human Rights states that:"All men are born free and equal in dignity and rights" (Article 1)"No one shall be held in slavery or servitude" (Article 4) "No one shall be subjected to torture, or to cruel, inhuman, or degrading treatment" (Article 5).
[96] See Proposal Coalition Against Trafficking in Women Proposed UN Convention Statement of Need Network January, 1995 supra note 91 .
[97] The Clinton administration has taken modest steps to address trafficking in women, but more needs to be done to protect the victims, prosecute the traffickers, enforce U.S. labor laws, and broaden asylum concepts. In many cases, the U.S. and other governments have failed to document instances of trafficking and to ensure victims' safety, and instead have summarily deported them without investigation into abusive situations. Public awareness rising but it is not enough to stop trafficking. In March 1998, in recognition of International Women's Day, President Clinton issued an Executive Memorandum on Steps to Combat Trafficking that pledges to combat trafficking in women and girls with a focus on the areas of prevention, victim assistance and protection, and enforcement." This order outlines the roles that different governmental agencies should play to reduce trafficking. The President's Interagency Council on Women coordinates these various efforts in consultation with nongovernmental organizations (NGOs). The State Department and United States Information Agency have funded public-awareness campaigns and conferences abroad to warn high-risk groups and the general public of the methods used by traffickers, and to strategize for solutions. State Department efforts include a public awareness campaign in the Ukraine and production in Russian, Polish, and Ukrainian of a brochure on trafficking that U.S. Consulates abroad distribute to visa seekers. Unfortunately, many of these U.S. initiatives appear to be hastily planned and lacking in competent follow-through. For example, the brochure being distributed through U.S. Consulates abroad to visa seekers gives the National Domestic Violence hotline number to call if foreigners find themselves trafficked or otherwise abused in the United States. The U.S. strategy also calls for protection, legal counseling, and other services for victims, but none of these programs have been institutionalized. Frequently, victims of trafficking who are caught in raids by the Immigration and Naturalization Service (INS) or police are quickly deported, which makes it difficult to prosecute their employers or traffickers. Some trafficking victims are inappropriately held in INS detention centers or local jails. As noted in a September 1998 Human Rights Watch report, "INS detainees are being held in jails entirely inappropriate to their noncriminal status where they are mixed with accused and convicted inmates, and where they are sometimes subjected to physical mistreatment and grossly inadequate conditions of confinement." Similarly, there is no effective monitoring of domestic workers who are brought into the U.S. legally under the G-5 and A-3 visa programs to work for diplomats and officials of international agencies. Former domestic workers and their lawyers describe situations akin to slavery or bonded servitude. They report that employers confiscate workers' passports and other documents, require dawn to dusk labor for little or sometimes no pay, and forbid them from leaving the house or making contact with other domestic workers. If a domestic worker runs away, she is likely to be caught and deported by the INS because, by breaking her work contract, she loses her legal status. Experts and social workers believe that some of these domestics escape into underground criminal networks, finding work in sex clubs or sweatshops. The lack of government monitoring of both illegal workers and legal domestic worker programs allows the rampant abuse of workers to continue. And although the creation of brochures, documentaries, posters, and other public-awareness materials is very important in the campaign to stop human trafficking, information is not enough to slow the flow of migrant workers who have no viable economic alternatives in their home countries. The U.S. has failed to address the root of the trafficking problem. It needs to fund and support gender-sensitive economic development and education projects overseas. Lack of support has severely hampered the efforts of local nongovernmental groups to create and coordinate such projects. See "Key Points" Jyothi Kanics, Global Survival Network Editors: Tom Barry (IRC) and Martha Honey (IPS) (1999). Interview by the author March 31, 2000 with American Bar Association Central and Eastern Europe Law Initiative (ABA-CEELI) representative for Russia, Michael Maya, in Washington D.C.
[98] Zalisko supra note 72.
[99] The U.S.-European Union Joint Information Campaign To Prevent Trafficking in Women Fact Sheet released by the Bureau for Population, Refugees, and Migration, May 25, 1998 details these efforts For further information, contact Jennifer Scotti at the U.S. Department of State, Bureau for Population, Refugees, and Migration, (202) 663-1064.
[100] See Theresa Loar, "Trafficking in women: the need for international cooperation and a multidisciplinary response" in The Trafficking of INS Women Abroad, Report of an International Conference in Moscow, 3-5 November 1997 (Global Survival Network and International League for Human Rights); See Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II.; See Official Records of the Economic and Social Council, 1998, Supplement No. 7 (E/1998/27). (especially recommendation 3 on traffic in persons and exploitation of the prostitution of others; recommendation 4 on prevention of the trans-border traffic in women and girls for sexual exploitation; recommendation 5 on the role of corruption in the perpetuation of slavery and slave-like practices; and recommendation 6 on misuse of the Internet for the purpose of sexual exploitation.); See Official Records of the Economic and Social Council, 1998, Supplement No. 10 (E/1998/30). annex V.
[101] See discussion supra and nn 78 - 84.
[102] If a woman's life is constrained by lack of education and employment opportunities by racism, by illegal immigration or migration, by economic or political crisis, by childhood sexual, physical or emotional violence, or by poverty, then sexual exploitation will aggravate and intensify the inequalities, disadvantage and harm and women are left with few other options and powerless to leave how voluntary is prostitution? See discussion infra and supra nn. 29 - 33.
[103] An analysis of U.S. Senate Bill S. 600 is at http://www.uri.edu/artsci/wms/hughes/catw/anabill.htm Testimony Submitted to the Hearings on Trafficking, Sub-Committee on International Operations and Human Rights, September 14, 1999, by Dr. Janice G. Raymond , applauds that the International Trafficking of Women and Children Victim Protection Act, a bill that addresses the problem of "forced trafficking ", introduced by Senator Paul Wellstone and Congresswoman Louise Slaughter creates an interagency taskforce that monitors "forced trafficking" internationally, revokes U.S. police assistance to foreign governments after a determination that their officials are involved in "forced trafficking," and provides some humanitarian assistance and a temporary stay of deportation to victims of "forced trafficking" who are witnesses in criminal cases against traffickers. However, the testimony argued persuasively that the definition of "forced" is troubling and creates a dangerous precedent for future legislation. The bill offers protection and assistance only to victims who can prove that their trafficking was carried out through "the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority." Women and girls who are propelled into trafficking by poverty, drug addiction, prior sexual and/or physical abuse, and/or family pressure are excluded from the bill's protections. Likewise, governments that are complicit in sex trafficking and sex tourism that appear to be built on the uncoerced sexual exploitation of women and girls are not called to answer. The bill fails to acknowledge that all sex trafficking hurts women and girls individually and collectively, whether they are overtly coerced or recruited as a result of economic desperation. Many victims who have been forced or deceived by traffickers could be denied the bill's protections.
[104] H.R. 1238, THE INTERNATIONAL TRAFFICKING OF WOMEN AND CHILDREN VICTIM PROTECTION ACT OF 1999. H.R. 1238 would combat the crime of international trafficking, a fundamental violation of human rights to which this nation has a responsibility to respond. H.R. 1238 has been referred to the House Committees on International Relations and Judiciary. Senator Paul Wellstone first introduced the Senate companion resolution, S. 600. In 1999.
[105] The trafficking of persons has a disproportionate impact on women and girls and is condemned by the international community as a violation of fundamental human rights. Women seeking a better life unexpectedly find themselves in situations of forced prostitution, sweatshop labor, or exploitative domestic servitude. Trafficked women and children are often subjected to rape, sexual abuse, bondage, battering, and other forms of cruelty. The President, First Lady, Secretary of State, and President's Interagency Council on Women have all identified trafficking in women as a significant problem and are working to mobilize a response. The Fourth World Conference on Women (Beijing Conference) and the United Nations General Assembly called on all governments to take measures to provide better protection of the rights of women and girls in trafficking, to address the root factors that put women at risk for traffickers, and to take measures to dismantle the national, regional, and international networks in trafficking. Numerous treaties, to which the United States is a party, address obligations to combat trafficking, including the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, and the 1957 Abolition of Forced Labor Convention.
[106] Among other things, the law would establish an Inter-Agency Task Force to Monitor and Combat Trafficking within the U.S. Department of State, deny certain forms of U.S. foreign assistance to governments which tolerate or participate in trafficking, abuse victims or do not cooperate with efforts to prosecute the criminals. It would also provide humanitarian assistance to the trafficking victims abroad and provide them with temporary nonimmigrant status in the U.S. As has been widely reported in the last year, trafficking of young women and children has become a major area of concern for Ukraine. The Ukrainian government has commenced steps to attempt to combat this situation within its borders, including the passage of legislation addressing the issue. In the U.S., Olga Stawnychy, public relations chairperson of the World Federation of Ukrainian Women's Organizations and an NGO representative at the United States, is trying to raise awareness of the situation and to seek recourse at the U.N and the U.S. Congress. She and others have been seeking support among U.S. Congressmen to ensure passage of U.S. legislation addressing the trafficking problem and to otherwise assist the victims of trafficking.
[107] See supra notes 103, 104 for the full text of the Senate Bill-600 and HR 1238.
[108] Suggestions include The U.S. should ratify the following international treaties and conventions pertaining to trafficking: Convention on the Rights of the Child, Convention on the Elimination of Discrimination Against Women (CEDAW), and Convention on the Rights of Migrant Workers and the Members of Their Families. Ratification of these international agreements is essential to the coordination of an effective international human rights based response to trafficking. Additionally, the U.S. needs to develop domestic legislation to more appropriately and effectively prosecute crimes associated with trafficking. However, legislation and migration policies created to combat trafficking should not further limit or prohibit the free movement of people. Specifically, the G-5 and A-3 visa categories should not be eliminated because they are among the few ways poor women from developing countries can legally enter the United States. Rather, the government agencies involved (including INS, State,and Labor), as well as institutions (including the World Bank, UN, and foreign embassies) must create a monitoring system to ensure that these workers' are fairly treated according to U.S. laws regulating wages, working conditions, and worker rights. Congress should approve the Resolution on Trafficking (Sen. Con. Res. 82) and follow it with legislation that will effectively implement the Resolution's proposal for a coordinated, comprehensive, governmental response. This response must include greater communication and coordination between and within government agencies at the international, federal, and local levels. Federal resources and skills need to be shared with local authorities, especially when carrying out investigations, prosecuting cases of international trafficking, and providing services to victims. Care should be taken so that the laws passed do not further stigmatize trafficking victims, but rather prosecute traffickers with punishments proportional to the seriousness of the crime. The U.S. is reviewing its standards for gender-based asylum decisions, and it should incorporate granting asylum to trafficked women under this category. See Key Points Jyothi Kanics et al. supra note 12. Internet based discussion groups and online consultations such as those found on the World Bank World Development Report site could be used as well, e.g., http://www.worldbank.org/poverty/wdrpoverty.
[109] In Mauritania, for instance, women are trafficked internally from one ethnic group to another. In other cases, forced labor migration is from rural areas to urban centers, and people are trafficked within their country or to neighboring countries. For example, poor rural girls from Burma are trafficked and forced to work in Thailand's sex industry. Furthermore, since the collapse of the Soviet Union, the economic transition in Central and Eastern Europe and the Newly Independent States of the former Soviet Union has caused many women to migrate for work to Western Europe, Japan, the U.S., and elsewhere. Many countries-regardless of whether they are places of origin, transit or destination-have weak ,unenforced laws or no laws against trafficking in human beings. Individuals can be sold and resold many times and forced to prostitute themselves and work under slavery-like conditions. Penalties for trafficking and selling humans are often relatively minor compared with those for other criminal activities. Therefore experts believe that trafficking in people is often more profitable and less risky to criminals than trafficking in drugs or guns.
[110] Prostitution in the Baltic States Society in the three Baltic States largely looks upon prostitution as something morally wrong and sees the women engaged in prostitution as "bad women". Women in prostitution are often given the blame for the rapid increase of STDs instead of highlighting that these women are among the first to become victims of STDs. In the Estonian debate on criminalising/legalization of prostitution women of all ages and older men with traditional values mostly hold the former position, whereas young men mostly hold the latter. According to Dr. Chaplinskas the debate around legalization about prostitution is heated in the media in Lithuania where media conveys a legalization message. Prostitution being a hot topic, politicians are afraid of dealing with the issue, according to Dr Chaplinskas. In Latvia, 5 law proposals addressing prostitution have been turned town by the government according to Dr. Kuruva. Having a medical approach may currently be the only way to legitimize government as well as NGO activities among women in prostitution. Dr.Kalikova expresses concern about the harsh resistance to her center's activities among politicians and the public. The center's giving of free medical examination to prostitutes and IV drug users raises contempt among its critics, saying tax money should not be used on "people with a bad morale." Swedish study supra note 10 .
[111] Specter supra note 12.
[112] There are several problems with "mainstream" Western dominated international organizations' agenda on mainstreaming. One problem is that it presumes white, middle class organization women as the quintessence of mainstream women. This creates a tendency to deny difference where it is experienced and submerges conflictive philosophies and factualizes an illusory mainstream. Another problem is that gender itself may be a transitional concept, perpetuating mainstream feminists to dominate the debate even if they are ultimately queen bee misogynists, women who skillfully build their careers at the expense of or indifference to real life (as opposed to theoretically oppressed) other women, using the same tactics they despair of when patriarchal men use them.
[113] 12 October 1999 Press Release GA/SHC/3523 THIRD COMMITTEE HEARS REPORTS OF TRAFFICKING IN WOMEN AND CHILDREN, EFFECTS OF VIOLENCE AGAINST WOMEN (1999) Trafficking in women and children was a multiform phenomenon that involved migration, social issues, crime, corruption, health, gender and human rights. See also CECILIA VALDIVIESO, Principal Economist, Gender and Development, Poverty Reduction and Economic Network, The World Bank " Mainstreaming of gender had been found important to lending sectors such as health, education and rural development, where actions to address gender disparities were now common practice. It had, however, also made an important difference in non- traditional sectors such as infrastructure and finance. To strengthen the Bank's impact on poverty reduction, gender was being made an integral part of the Comprehensive Development Framework." The Comprehensive Development Framework took into account the economic, structural, social and institutional aspects of development. The participation of women in strategic consultations had already been found to strengthen the agenda, build national ownership and overcome gender disparities. New ways would be found to integrate gender into work with partners and clients in developing structures and mechanisms based on specific realities, constraints and development priorities. Gender was also being integrated into country assistance strategies. The World Development Report on Poverty and Development will integrate gender throughout its central analysis of empowerment, security and opportunity for the poor in its 2000 World Development Report. The Bank was also proposing to devote the World Development Report 2004 to an in-depth analysis of gender for the international development agenda. GASHC3523.P2; See also Mainstreaming a gender-sensitive agenda in health research: perspective of international organizations Carol Vlassoff Canadian International Development Agency (CIDA) 200 Promenade du Portage, Hull, Quebec, Canada K1A 0G4R ; United Nations, General Assembly. 1997. Report of the Economic and Social Council for 1997 New York.(A/52/3); See, e.g., United Nations. 1995. Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995. New York.(96.IV.13); United Nations, WHO and UNFPA. 1999. Women and Health. Mainstreaming the Gender Perspective into the Health Sector. Report of the Expert Group Meeting 28 September-2 October, 1998,Tunis (Tunisia). New York. (99.IV.4)
[114] Trafficking is approached as a human rights problem, a labour issue, a public health problem and a public order problem. Treating trafficking in women as a human rights problem offers two ways of analysis: prostitution is per se a human rights violation and should be abolished. The other analysis is that prostitution as such does not violate women's human rights, but the conditions women in prostitution live under, such as deceit, abuse, violence, debt-bondage, blackmail, and deprivation of freedom of movement. The public order problem approach views trafficking in women and prostitution as a public order issue or a public health issue. Solutions are to increase control by introducing medical examinations and regulations. With the labour issue problem approach, trafficking in women can be understood as the result of the poor legal and social position of women: as women, as workers and as migrants. This approach calls for labour opportunities and working rights: pensions, and state benefits to women in prostitution. The approach determines what kind of strategies the state or NGO will employ to fight trafficking. These vary between repressive strategies, which aim at suppressing organized crime, illegal migration or prostitution and other strategies, which aim at supporting the women concerned and strengthening their rights. Swedish study supra note 10 .
[115] See Todd Stewart Schenk, A Proposal to Improve the Treatment of Women in Asylum Law: Adding a "Gender" Category to the International Definition of Refugee, 2 Indiana Journal of Global Studies 1 (Fall 1994).
[116] The Activities and Programme of the United Nations High Commissioner for Refugees on Behalf of Refugee Women, Report of the Secretary-General, Provisional Agenda Item 7, U.N. Doc. A/CONF.116/11 (1985). .Kathleen Barry, Female Sexual Slavery