Anti-Trafficking Review
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Human Traffickers’ Fair Trial Rights and Transnational Criminal Law
Full text linkThe right to a fair trial is enshrined in international and domestic law around the world. This article makes the simple argument that the focus on the rights of victims of human trafficking and efforts to increase the rate of prosecutions of human traffickers should not come at the cost of alleged traffickers’ rights to a fair trial, as a failure to uphold fair trial rights places them at risk of unfair prosecution. I consider the extent to which the transnational criminal legal regime regulating human trafficking at the international level provides for these fair trial rights, suggest that the fundamental purposes of transnational criminal law exist in a state of tension against the aims of the international human rights regime, and conclude that further empirical research on the legal experiences of human traffickers is necessary
Sex Traffickers: Friend or foe?
Full text linkThis article addresses the knowledge gap surrounding human traffickers in Malaysia. Based on qualitative interviews with women identified as victims of trafficking, it explores the women’s perception of their traffickers and their migration experience. The article asserts that the term ‘trafficker’ is complex and misunderstood by scholars, states, and state officials; and that trafficked persons may not necessarily detest their traffickers or even regard them as having caused them harm. Instead, traffickers are sometimes considered ‘helpers’ or people who provide work opportunities and a prospect of a better life. However, this form of relationship is considered exploitative by Malaysian legislation
Workers, Migrants, and Queers: The political economy of community among illegalised sex workers in Athens
Full text linkThis article unpacks practices of collaboration and community-building among sex workers in Athens, weaving them with an analysis of labour and illegalisation. In the field, cis and trans, local and migrant workers alike pointed to the pervasive material realities of harm, exploitation, and devaluation as inseparable from the multiple processes of illegalisation and dispossession to which they were subjected. They also demonstrated their own grassroots strategies to deal with these realities. Such practices are examined as concrete efforts of collectivities to survive together through diffuse forms of (state) violence. Nevertheless, the article shows that ‘community’ is by no means straightforward, harmonious, or free from instrumentalism, but situated within a multiplicity of relationships of support, collaboration, subjection, exploitation, obligation, and bondage between sex workers, migrants, and various brokers and gatekeepers. In tracing the connections forged between people occupying multiple positions as informal (sexual) labourers, migrants, and queers, sexuality and gender emerge as inextricable from class, and community as inseparable from political economy
Oblivious ‘Sex Traffickers’: Challenging stereotypes and the fairness of US trafficking laws
Full text linkIn this paper, we explore third parties who unexpectedly fell within the legal definition of a sex trafficker. The anti-trafficking lobby and media stories frequently portray traffickers as organised, psychopathic, violent, and child kidnappers. We dismantle these depictions by showing the unexpected people who qualify as traffickers. This paper incorporates findings from two studies involving eighty-five third parties in New York City and forty-nine in Chicago. We analyse how teenagers, drivers, and boyfriends qualify as traffickers under US law. We find that two-thirds of them hold inaccurate views about the difference between sex trafficking and facilitating prostitution. Trafficking can be incidental or temporary, and traffickers in these samples were often oblivious to their legal status, potentially resulting in lengthy prison sentences. We conclude by calling for differential sentencing based on traffickers’ age, and awareness campaigns designed to alert third parties of the legal distinctions between pandering and sex trafficking
The Constitutional Limits of Anti-Trafficking Norms in the Commonwealth Caribbean
Full text linkTrafficking in persons is a crime and a human rights violation that affects most states across the globe, including those in the Commonwealth Caribbean. There- fore, in the last twenty years, governments have rushed to enact anti-trafficking laws with a level of alacrity the international community has never seen before. While the enactment of these laws is both necessary and desirable, some have pushed the limits of what is constitutionally permissible in a free and democrat- ic society. This article demonstrates that some of the prosecution provisions of anti-trafficking norms enacted by Caribbean governments have encroached or threaten to encroach upon the constitutional rights of accused persons. It concludes that unconstitutional provisions of regional anti-trafficking laws need to be addressed by regional governments as a matter of urgency, as they can potentially be challenged by traffickers with the result being that, if successfully challenged, traffickers may escape liability for crimes they have committed on mere technicalities
Why the ‘Ideal Victim’ Persists: Queering representations of victimhood in human trafficking discourse
Full text linkThe image of a young, victimised woman bound and gagged for implied sexual exploitation persists in the imagination, promotional material, and reports of the anti-trafficking sector. She is presented as the ‘ideal’ victim, and while people who have experienced this undoubtedly exist, many victim accounts deviate from this prescriptive path. Why then does the image of a universal, ideal victim endure? This paper argues that the idealised subject of contemporary trafficking law is not merely a symptom of uncritical representation, but intrinsic to the formation of anti-trafficking law. Often feminised, she becomes a tool for maintaining heteronormative and white nationalism, but one which never existed beyond her confines of anti-trafficking law. To unearth her production, I present a queer genealogy of the human trafficking subject from British campaigns against white slavery in the late nineteenth century to contemporary law. A queer reading of this history demonstrates that rather than preceding laws, the ideal victim serves to personify cultural anxiety over race and gender housed in anti-trafficking policy. This is essential because without contending with this history and restrictive definition of victimhood, it would be impossible for current trafficking law in developed countries to adequately protect LGBTQ+ and irregular migrants who often do not conform to idealised forms of victimhood. Furthermore, a critical analysis of the ideal victim is essential to moving away from a hierarchical evaluation of victimhood altogether
Migration, Trafficking, and the Greek Economy: A comment on ‘the trafficker next-door’
Full text linkThis article interrogates the manifestations and implications of the intertwining of migration policies and the global prohibition regime against human trafficking in Greece. In a dramatic reversal of long historical patterns, post-cold war Greece became a migration destination country, receiving a large number of migrants. While Greece’s policies approached the phenomenon as an administrative embarrassment, migrant populations joined the country’s productive structures and arguably made a decisive contribution to the country’s economic boom. The restrictive regime on migration took a further twist as Greece aligned with the global prohibition regime established with the 2000 UNTOC and Trafficking Protocol. The combination of migration and anti-trafficking policies has engendered a punitive overreach that severely disadvantaged migrant populations in Greece. Drawing on our research, we reflect on several common cases where the precarious status of the migrant meshes potentially with the punitive effects of anti-trafficking policies. We argue that the obfuscation of extremely harmful conditions typically experienced by migrants involved in Greece’s economic structures has been the most distinctive effect of the intertwining of migration and anti-trafficking policies
CAER: Co-creating a Collaborative Documentary about the Lives and Rights of Trans Latinx People Working in the Sex Industry in Queens, NYC
Full text linkThis short article describes the co-creative production process of the film CAER—a collaboration between a researcher/film director and the Colectivo Intercultural TRANSgrediendo: a collective of migrant Latinx trans people in Queens, New York. It shows how the filmmaking process was guided by the concerns of the community, whose members co-wrote the script and took an active part in editing the raw material. The collaboration was born out of the shared belief that communities impacted by policies need to own the terms of their representation
‘They Kill Us Trans Women’: Migration, informal labour, and sex work among trans Venezuelan asylum seekers and undocumented migrants in Brazil during COVID-19
Full text linkThis short article contributes to the growing scholarship on the complex ways sexual orientation and gender identity impact people’s experiences of migration, informal labour, and sex work. Drawing on surveys and interviews with twelve trans Venezuelan asylum seekers and undocumented migrants in Brazil and six key informant interviews with sex workers, trans activists, and humanitarian and NGO staff, this short article asks: How has COVID-19 affected the livelihoods of trans Venezuelan asylum seekers and undocumented migrants
‘It’s About Survival’: Court constructions of socio-economic constraints on women offenders in Australian human trafficking for sexual exploitation cases
Full text linkWomen make up more than half of the offenders convicted for human trafficking for sexual exploitation in Australia since 2005. This article explores how courts construct the financial motivations for women’s offending to examine how gendered structural constraints are considered in Australian trafficking cases. We explore data from the sentencing remarks and appeal transcripts from the ten cases of women convicted for human trafficking and analyse the two most recent cases to explore how women’s financial considerations are underpinned by the gendered socio-economic pressure of supporting family members. Using data from interviews with Australian judges and anti-trafficking experts, we examine the relationship between structural constraints and women’s agency and the relative weight each of these factors are given in sentencing women trafficking offenders. In doing this, we explore the overlap between victimisation and offending and the tensions between structural constraints and agency, arguing that the former must be taken into consideration when sentencing women trafficking offenders