Coercion the Key Element Behind Trafficking

- Definition of Trafficking

 

Internationally, there is no consensus on the term "trafficking". In 1994, the United Nations General Assembly came near to a comprehensive definition in its stipulation that "trafficking" is the "illicit and clandestine movement of persons across national and international borders, largely from developing countries and some countries with economies in transition, with the end goal of forcing women and girl children into sexually or economically oppressive and exploitative situations for the profit of recruiters, traffickers, crime syndicates, as well as other illegal activities related to trafficking, such as forced domestic labour, false marriages, clandestine employment and false adoption."

 

Yet the definition is incomplete. It does not include boys and men who are also at times victims of trafficking. Moreover, the listing of situations should not be seen as exhaustive. Trafficking arises in a variety of situations beyond the list given, including trafficking for begging and use as agents of crime. A key element behind the trafficking is coercion. However, it is possible that there are other situations where there is no coercion at the time of trafficking, but where the person arrives later in a circumstance tantamount to slavery, such as being forced to work in appalling labour conditions. There is often a linkage with debt bondage whereby the services of the victims are pledged by parents and others in payment of the latter's debts. One should thus be concerned with countering not only trafficking but also forced labour and slavery-like practices.

 

In 1996 the European Parliament defined "trafficking in human beings" as:

 

the illegal action of someone who, directly or indirectly, encourages a citizen from a third country to enter or stay in another country in order to exploit that person by using deceit or any other form of coercion by abusing that person's vulnerable situation or administrative status.

 

Another interesting definition is the one proposed in the preliminary report compiled for the UN Special Rapporteur on violence against Women which is clear enough and not too vague. In the report the word "trafficking in women" means:

 

"All acts involved in the recruitment and/or transportation of a woman (or a girl) within and across national borders for work or services by means of violence, abuse of authority or dominant position, debt bondage, deception or other forms of coercion".

 

Sources: The Trafficking in Women and Children in the Mekong Sub Region by Vitit Muntarbhorn

Thailand: The Situation of Traffic in Women by Wanchai Roujanavong