GAATW & STV/Wijers, M. & Lap-Chew, L. (1999a???): Trafficking in Women Forced Labour and Slavery-like Practices in Marriage, Domestic Labour and Prostitution. Utrecht/Bangkok: STV/GAATW
GAATW (2000): Human Rights and Trafficking in Persons: A Handbook. Bangkok: GAATW.
GAATW (2006). Access to Justice for Trafficked Persons. Report of the Global Consultation. Bangkok, Thailand 7-9 June 2006. Bangkok: GAATW
GAATW (2007): Collateral Damage: the Impact of Anti-Trafficking Measures on Human Rights around the World. Bangkok: GAATW
GAATW (2008) Recognise the Right to Assistance. Brochure. Bangkok: GAATW.
GAATW (2009a): Alliance News Issue 30: Europe: An Overview of Recent Developments. Bangkok: GAATW
GAATW (2009b) Feminist Participatory Action Research (FPAR) FPAR Learning Workshop, 24-29 May 2009, Chiang Mai, Thailand. Bangkok: GAATW
GAATW (2009c) Roundtable 3 ‘Bringing together ‘Linkages’ topics’: in Feminist Participatory Action Research and GAATW Working Papers. Bangkok, 10-14 March 2010. Presentation AkiDwA: Am Only Saying It Now, Experiences of Women Seeking Asylum in Ireland. Bangkok: GAATW.
GAATW (2010a): Beyond Borders: Exploring Trafficking’s Links to Gender, Migration, Labour, Globalisation and Security. 2010 Working Papers Series. Bangkok: GAATW.
GAATW (2010b) BB: Exploring Links between Trafficking and Gender.
GAATW (2010c) BB: Exploring Links between Trafficking and Globalisation & Security.
GAATW (2010d) BB: Exploring Links between Trafficking and Labour.
GAATW (2010e) BB: Exploring Links between Trafficking and Migration.
GAATW (2010f) International Members Congress and Conference Report. Beyond Borders: Trafficking in the Context of Migrant, Labour and Women’s Rights. 4-7 July 2010, Bangkok, Thailand. Bangkok: GAATW.
GAATW (2010g). ‘A Woman’s Life is Richer than her Trafficking Experience’, Feminist Participatory Action Research (FPAR) series. Bangkok: GAATW.
GAATW (2011a) Beyond ‘Supply and Demand’ Catchphrases: Assessing the Uses and Limitations of Demand-Based Approaches in Anti-Trafficking. Bangkok: GAATW
GAATW (2011b) Smuggling and Trafficking: Rights and Linkages. Bangkok: GAATW
GAATW/OHCHR (2011) Smuggling Roundtable Meeting Report, 20-22 June 2011, Bangkok, Thailand. Bangkok: GAATW.
Gallagher, A. (2010): The right to an effective remedy for victims of trafficking in persons: A Survey of International Law and Policy. Paper submitted for the expert consultation convened by the UN Special Rapporteur on Trafficking in Persons, especially women and children, Ms. Joy Ngozi Ezeilo on: “The right to an effective remedy trafficked persons”. Bratislava, Slovakia 22 – 23 November, 2010
Heide-Uhl, B. (2011): Terminology Matters: What do we mean when we refer to ‘exploitation’? Rights Work Initiative. Web Site: http://rightswork.org
Human Rights Watch (2010): Rights on the Line: Human Rights Watch Work on Abuses against Migrants in 2010. New York: HRW
ICHRP (2010) Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence. Geneva: ICHRP
ILO (2004): Forced Labour: Definition, Indicators and Measurement. Geneva: ILO
ILO (2005b): A Global alliance against forced labour. Global report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. Report of the Director-General. Geneva: ILO
ILO/Belser, P. (2005): Forced Labour and Human Trafficking: Estimating the profits. Geneva: ILO
ILO (2009b): The cost of coercion: Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. Geneva: ILO
ILO/Anders, B. & Belser, P. (eds) (2009): Forced Labour; Coercion and Exploitation in the Private Economy. Geneva: Lynne Rienner publishers.
ILO (no date available): 10 Principles for Business Leaders to combat Forced Labour and Trafficking. Geneva: ILO
International Commission of Jurists (2010): Migration and International: Human Rights Law. Practitioners Guide No. 6. Geneva: ICJ
ITUC CSI IGB (2008): Mini-Action Guide on Forced Labour. Brussels: ITUC
ITUC CSI IGB (2009): How to Combat Forced Labour and Trafficking. Best practices manual for Trade Unions. Brussels: ITUC
ITUC CSI IGB (2011a). Final Resolution on Tackling Precarious and Informal Work. 2 - 4 February 2011. 8GC/E(FINAL). Brussels: ITUC General Council
ITUC CSI IGB (2011b): Living with economic insecurity: women in precarious work. Brussels.
Jamin, J. (2009). L’imaginaire du complot. IMISCOE Policy Brief No.17, November 2009. Online publication: IMISCOE
FAFO & NEXUS Institute/Brunovskis, A. & Surtees, R. (2007): Leaving the Past Behind? When victims of trafficking decline assistance. Oslo: FAFO
OSCE (2003): Decision No. 557: OSCE Action Plan to Combat Trafficking in Human Beings. Vienna: OSCE
OSCE-ODIHR (2007c): Alliance Against Trafficking in Persons Conference: ‘Assistance to Victims of Trafficking: We Can Do Better’; Presentation by S. Scanlan: The identification of Trafficked persons in the face of conflicting agendas. Vienna : OSCE
PICUM/Flynn, D. (2007): Policy brief Human Trafficking and Forced Labour; What Perspectives to Challenge Exploitation? Brussels: PICUM
PICUM (2009): Undocumented and irregular migration: policy developments, data and social implications. Brussels: PICUM
Queen Mary University of London/Shields, K. (2010): Labour Exploitation: Crossing the threshold between acceptable and unacceptable labour conditions. London: Queen Mary University of London
Rights Work Initiative/American University Washington College of Law (2011): Issue Paper 2: Slavery, Forced Labour, Debt Bondage and Human Trafficking: From Conceptual Confusion to Targeted Solutions. Washington: American University Washington College of Law. http://rightswork.org
Scarlet Alliance (2011) Letter dated February 2011 to the Attorney Generals Department, regarding The Criminal Justice Response to Slavery and People Trafficking; Reparation; and Vulnerable Witness Protections. Darlinghurst: Scarlet Alliance.
Special Rapporteur on trafficking in persons, especially women and children. (2009). Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development. (Submitted to the 10th HRC, Agenda item 3, No. A/HRC/10/16). Geneva: United Nations.
STV/GAATW/IHRL (1999) Human Rights Standards for the Treatment of Trafficked Persons. Bangkok: GAATW
Surtees, R. (2008). Trafficked Men as Unwilling Victims. St Anthony’s International Review (STAIR), The Politics of Human Trafficking. Volume 4, Number 1, April 2008.
UNESCO Bangkok (2004). Factsheet #1: Worldwide Trafficking Estimates by Organizations. http://www.unescobkk.org/fileadmin/user_upload/culture/Trafficking/statdatabase/Copy_of_Graph_Worldwide__2_.pdf
UNHCHR (2010): Commentary: Recommended Principles and Guidelines on Human Rights and Human Trafficking. Geneva: UNHCHR
UNODC (2006): Trafficking in Persons: Global Patterns. Vienna: UNODC
UNODC/UN.GIFT (2008a): The Vienna Forum to fight Human Trafficking; Workshop: The Roles of Employers’ Organizations, Businesses and Trade Unions in Combating Trafficking for Labour Exploitation. Vienna: UNODC
UNODC/UN.GIFT (2008b): The Vienna Forum to fight Human Trafficking; Workshop: Supply Management, Eliminating the risks of forced labour and trafficking. Vienna: UNODC
UNODC/UN.GIFT (2009a): Global Report on trafficking in persons. Vienna: UNODC
UNODC (2011): Transnational Organised Crime in the Fishing Industry. Focus on: Trafficking in Persons, Smuggling of Migrants and Illicit drugs Trafficking. Vienna: UNODC
US Department of State (2011): 2010 Trafficking in Persons Report.
Utrecht University (2009): Human trafficking, turning our attention to labour exploitation. Workshop Report October 2009. Utrecht: Science Shop of Law, Economics and Governance.
Council of the European Union: Council Framework Decision of 19 July 2002 on Combating Trafficking in Human Beings (2002/629/JHA)
Council of the European Union: Council Framework Decision of 15 March 2001 on The Standing of Victims in Criminal Proceedings (2001/220/JHA)
Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report (Warsaw, 16.V.2005) Council of Europe Treaty Series – No. 197.
Directive 2011/36/EU Of The Europe Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision (2002/629/JHA)
Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals
Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities.
European Court of Human Rights (2010): Rantsev v Cyprus and Russia ECHR 25965/04 (7 January 2010)
European Court of Human Rights (2005): Siliadin v France ECHR 73316/01 (26 July 2005)
UN General Assembly (1985) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (A/RES/40/34)
UNODC (2000) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Protocol), supplementing the United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000.
Dottridge, M./Associazione On the Road (2011): E-notes: Report on the implementation of anti-trafficking policies and interventions in the 27 EU Member States from a human rights perspective (2008 and 2009) Fermo: Associazione On the Road.
EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings (2005/C 311/01)
European Commission Working Document: Evaluation and monitoring of the implementation of the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings Brussels, 17.10.2008/ COM(2008) 657 final
EU Group of Experts on Trafficking in Human Beings of the European Commission: Report (22 December 2004).
EU Group of Experts on Trafficking in Human Beings of the European Commission Opinion No. 7/2010: Proposal for a European Strategy and Priority Actions on combating and preventing trafficking in human beings (THB) and protecting the rights of trafficked and exploited persons.
EUROPOL (European Law Enforcement Agency) (2009a): OCTA 2009: EU Organised Crime Threat Assessment. EUROPOL
EUROPOL (European Law Enforcement Agency) (2009b): Trafficking in Human Beings in the European Union: A EUROPOL Perspective. The Hague: EUROPOL
ILO/European Commission (2009): Operational indicators of THB; Results from a Delphi survey implemented by the ILO and the European Commission. Geneva: ILO
PICUM (2010): PICUM’s Main Concerns about the Fundamental Rights of Undocumented Migrants in Europe. Brussels: PICUM
UNODC/UN.GIFT (2009b): Trafficking in persons: Analysis on Europe. Vienna: UNODC
Belarus & Ukraine
IOM/Surtees, R. & Nexus Institute (2008): Trafficking of men – a trend less considered. The case of Belarus and Ukraine. Geneva: IOM
Re-Integration Center for Migrant Workers/CCME (2011): Trafficking for Labour in Cyprus. Athens: Re-Integration Center for Migrant Workers
CCME/Pomichalkova,K. (2010): THB Labour Exploitation in the Czech Republic. Prague: Publisher
La Strada Czech Republic/Burčíková, P. (2006): Trafficking in Human Beings and Forced Labour or Labour Exploitation in the Czech Republic. Prague: La Strada Czech Republic/
La Strada Czech Republic/Krebs, M. & Pechová, E. (2009): Vietnamese Workers in Czech Factories – Research Report – Excerpt. Prague: La Strada Czech Republic/
La Strada Czech Republic/Kutalkova, P. (2010): The narrow gateway to human rights; identification of trafficked persons in the Czech Republic. Prague: La Strada Czech Republic.
La Strada Czech Republic/Prachakitbamrung, P. (2011): Findings from a Migration Mapping Study: Thai Migrant Workers in the Czech Republic. Prague: La Strada Czech Republic/
COWI Department for Gender Equality (2010): Evaluation of the Danish Action Plan for combating of trafficking in human beings, 2007-2010 (Summary in English). Kongens Lyngby: Publisher
Danish Center Against Human Trafficking/Korsby, T.M. (2010): Au Pair and Trafficked? - recruitment, residence in Denmark and dreams for the future A qualitative study of the prevalence and risk of human trafficking in the situations and experiences of a group of au pairs in Denmark. Odense: National Board of Social Services
Finnish National Rapporteur on Trafficking in Human Beings (2010): 2010: Trafficking in human beings, phenomena related to it, and implementation of the rights of human
Finland, Poland & Estonia
European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI)(2011): Trafficking for Forced Labour and Labour Exploitation in Finland, Poland and Estonia. Helsinki: HEUNI
ILO (2005a): Le Trafic et L’exploitation des immigrants chinois en France. Geneva: ILO
National Consultative Commission on Human Rights (2009): Opinion on combating the trafficking and exploitation of human beings in France (Recommendations adopted by the Plenary Assembly on 18 December 2009).
BBGM (2010): Human Trafficking for Labour Exploitation. An explorative study into its forms, origins and extent in selected industrial sectors in Berlin and Brandenburg (summary in English) Berlin: IOM
German Institute for Human Rights & EVZ/Otto, P.F. & Rabe, H. (2009): Human Trafficking
in Germany Strengthening Victim’s Human Rights. Berlin: German Institute for Human Rights
ILO/Cyrus, N. (2005): Trafficking for labour and sexual exploitation in Germany. Geneva: ILO
Re-Integration Centre for Migrant Workers/CCME (2011): Trafficking for Labour in Greece. Athens: Re-Integration Center for Migrant Workers
AkiDwA (2010) ‘Am Only Saying It Now’: Experiences of Women Seeking Asylum in Ireland. Part of GAATW Feminist Participatory Action Research Series 2010. Dublin: AkiDwA.
Migrant Rights Centre Ireland (2006): Accessing redress for workplace exploitation: the experience of migrant workers. Dublin.
Migrant Rights Centre Ireland/Dublin City University (2006): No way forward, no way back: Identifying the problem of trafficking for forced labour in Ireland. Dublin: MRCI
Migrant Rights Centre Ireland’s Restaurant Workers Action Group (2008): Exploitation in Ireland’s Restaurant Industry. Dublin: MRCI
Ireland & United Kingdom
ITF (2008): Migrant Workers in the Scottish and Irish Fishing industry: Forced or compulsory labour or just plain modern day slavery.
Migrant Rights Centre Ireland / CCME (2010): Trafficking for Forced Labour in Ireland and the United Kingdom: Issues and Emerging Good Practice. Dublin: MRCI
Italy & Spain
The Federation of Protestant Churches in Italy (FCEI) & Carchedi, F./CCM (2010): Slave labour: Some aspects of the phenomenon in Italy and Spain.
Bonded Labour in the Netherlands (BlinN) (2009): Annual report Amsterdam: BlinN
Bonded Labour in the Netherlands (BlinN) (2009) Uitgebuit en in de bak! Slachtoffers van mensenhandel in vreemdelingendetentie. Amsterdam: BLinN – Humanitas/Oxfam Novib
Jonge van Ellemeet, H. de & Smit, M. (2006): Trafficking for exploitation outside the sex industry. In: Van den Anker, C. & Doomernik, J. (Eds.) Trafficking and women’s rights (219-232). Pallgrave Macmillan.
Korvinus, D., Koster, D. and Jonge van Ellemeet, H. de (2007): Trafficking in Human Beings: The concept of exploitation in the Dutch trafficking provision.
National Rapporteur on Trafficking in Human Beings (2007): Fifth Report from the National Rapporteur. The Hague: BNRM
National Rapporteur on Trafficking in Human Beings (2009): Human Trafficking - Seventh Report from the National Reporter. The Hague: BNRM
National Rapporteur on Trafficking in Human Beings (2010): Human Trafficking – ten years of independent monitoring. The Hague: BNRM.
• See also: Finland, Poland & Estonia
Madler, V./CCME (2010): Trafficking in Human Beings Labour Exploitation in Poland
ILO/Pereira, S. & Vasconcelos, J. (2008): Human Trafficking and Forced Labour: Case studies and responses from Portugal. Geneva: ILO
CCME (2010): Research on Trafficking in Human Beings Labour Exploitation in Romania.
ILO/Ghinararu C. & Van der Linden, M. (2004): Trafficking of migrant workers from Romania: Issues of labour & sexual exploitation. Geneva: ILO
ILO/Tyuryukanova, E. (2005): Forced Labour in the Russian Federation Today: Irregular Migration and Trafficking in Human Beings. Geneva: ILO
International Federation of Human Rights (FIDH) & Civic Assistance Committee (CAC) (2008): Alternative Joint-report to the Attention of the Committee on the Elimination of Racial Discrimination (CERD): Migrant Workers in the Russian Federation: The Use of Forced Labour. Geneva: FIDH
OSCE-ODIHR (2008): Identification, Assistance and Protection of Victims of Trafficking in the Russian Federation (focusing on the Moscow region).
• See also: Italy & Spain
ACCEM (2006): La Trata de Personas con Fines de Explotación Laboral. Un estudio de aproximación a la realidad en España. Madrid: ACCEM
Unión General de Trabajadores (UGT) Equality Department (2010): For Decent Work, Against labour exploitation. Madrid: UGT
• See: Belarus & Ukraine
• See also: Ireland & United Kingdom
Anti Slavery International/Anti-Trafficking Monitoring Group (2010): Wrong kind of victim? One year on: an analysis of UK measures to protect trafficked persons. London: Anti-Slavery International for the Anti-Trafficking Monitoring Group. City: Anti-Slavery International for the Anti-Trafficking Monitoring Group
Anti Slavery International/Skrivankova,K. (2006): Trafficking for Forced Labour UK Country Report. London: Anti Slavery International
Burnett, J. & Whyte, D. (2010): The Wages of Fear: risk, safety and undocumented work. University of Liverpool
COMPAS in collaboration with the Trade Union Congress/Anderson, B. & Rogaly, B. (2009): Forced Labour and Migration to the UK.
Joseph Rowntree Foundation (JRF) et al (2007): Contemporary slavery in the UK: overview and key issues. York: Joseph Rowntree Foundation
Kalayaan/Lalani, M. (2011): Policies that work to protect migrant domestic workers. London: Kalayaan
Parliament United Kingdom (2011). Minister for Immigration’s answer to a written parliamentary question on 8 June 2011. Commons Hansard. http://services.parliament.uk/hansard/Commons/bydate/20110608/writtenanswers/part019.html Web site accessed on 10 August 2011.
Skrivankova, K. (2010): Between decent work and forced labor: examining the continuum of exploitation. JRF Program Paper: Forced Labour. York: Joseph Rowntree Foundation.
UK Home Office/Dowling, S., Moreton, K. & Wright, L. (2007): see above at ‘Trafficking for Exploitation Outside the Sex Sector in Europe"
Anti-Slavery International et al (2006): Trafficking for Forced Labour in Europe: Report on a Study in the UK, Ireland, the Czech Republic and Portugal. London: Anti-Slavery International
Beirnaert, J. (2011): A Trade Union Perspective on Combating Trafficking and Forced Labour in Europe, in: Combating Trafficking in Human Beings for Labour Exploitation. Chapter 10, Pp.471-494. Nijmegen: Wolf Legal Publisher.
Churches’ Commission for Migrants in Europe (CCME)/ Moritz, T. & Tsourdi, L. (eds) (2009): Trafficking for forced labour in Europe: Emerging challenges – emerging responses. A collection of emerging best practice examples. Brussels: Churches’ Commission for Migrants in Europe (CCME)
Dijk, F.H. van & Ungureanu R.N. (2010): Labour Exploitation in Europe: A practical guide with observations and recommendations on European inspection, investigation, and prosecution of labour exploitation.
ILO (2002): Forced Labour, Child Labour and Human Trafficking in Europe: An ILO Perspective. Geneva: ILO
ILO (2003): Forced labour, migration and trafficking in Europe. Geneva: ILO
ILO/Andrees, B. (2008): Forced labour and trafficking in Europe: how people are trapped in, live through and come out. Working Paper 57, February 2008. Geneva: ILO
ILO (2009a): The Cost of Coercion: Forced Labour: Facts and Figures; Regional Perspectives: Europe and Central Asia. Geneva: ILO
ILO (2010): Labour inspection in Europe: undeclared work, migration, trafficking. Geneva: ILO
ITUC CSI IGB/Anti Slavery International (2011): Never work alone. Trade Unions and NGOs joining forces to combat Forced Labour and Trafficking in Europe. Brussels: ITUC.
OSCE (2005 & 2006): Report of the 3rd and 5th Alliance against Trafficking in Persons Conferences on Human Trafficking for Labour Exploitation/Forced and Bonded Labour. Human Trafficking for Labour Exploitation/Forced and Bonded Labour: Identification – Prevention – Prosecution; Human Trafficking for Labour Exploitation/Forced and Bonded Labour: Prosecution of Offenders, Justice for Victims. Vienna: OSCE
OSCE (2006)/ Katy Thompson,: A Summary of Challenges Facing Legal Responses to Human Trafficking for Labour Exploitation in the OSCE Region (MC.DEC/8/07). Vienna: OSCE
OSCE (2007): Decision No. 8/07. Combating Trafficking in human beings for Labour Exploitation. MC.DEC/8/07. Madrid: Ministerial Council.
OSCE-ODIHR (2007a): The NRM Approach to Trafficking and its application to trafficking for labour exploitation. Report on Civil Society Meeting, Warsaw, 24 April 2007. ODIHR Anti-Trafficking Programme. Warsaw: OSCE-ODIHR
OSCE-ODIHR (2007b): ODIHR Discussion Paper on standards and new developments in labour trafficking. Warsaw. OSCE-ODIHR
OSCE (2009): A summary of challenges addressing human trafficking for labour exploitation in the agricultural sector in the OSCE region. Vienna: OSCE
OSCE (2011): Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude. Vienna: OSCE
UK Home Office/Dowling, S., Moreton, K., Wright, L. (2007): Trafficking for the purposes of labour exploitation: a literature review. Home Office Online Report 10/07. Online: Research Development and Statistics Directorate, UK Home Office.
USAID (2009): Trafficking of adult men in the Europe and Eurasia regions. Final report. USAID
AU PAIR: Challenges to safe migration and decent work
In GAATW’s 2010 Working Paper Series Beyond Borders, links between trafficking and migration, labour, gender and security are explored and developed conceptually. This working paper seeks to build on the earlier work by developing a practical understanding of safe migration, with specific reference to a case study on au pair migration.
The scope for this research focus on Filipina au pairs in three European countries: Denmark, Norway and the Netherlands, which are the top receivers of au pair migrants from the Philippines. This working paper provides an overview of the existing policies on au pair migration in these three countries and also includes a case study of the situations and experiences of Filipina au pairs in one country of destination: Denmark.
This paper includes three separate sections of analysis which are summed up in a chapter on recommendations at the end. The first section gives an introduction to safe migration, in particular, to its challenges, and considers how concepts related to safe migration can be linked to au pair migration. The second section presents existing policies and regulations of the country of origin (the Philippines) and the destination countries (Denmark, Norway and the Netherlands). The third section presents the findings of a case study of Filipina au pairs in Denmark. The final section of the report seeks to address the challenges identified in the analysis by setting out a range of recommendations to be considered by policy makers
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MORE ‘TRAFFICKING’, LESS ‘TRAFFICKED’: Trafficking for exploitation outside the sex sector in Europe
GAATW Working Paper Series
GAATW has always proactively lobbied for a broad definition of human trafficking and has consequently critiqued a ‘traditional’ near exclusive focus on the sex industry as the primary, if not the only, site of trafficking. The last years have seen, especially in Europe, a growing attention to what is termed as ‘trafficking for labour exploitation’ as something somehow separate or different. Whilst we welcome the broadening of focus we wonder if creating two separate and distinct categories such as ‘trafficking for labour exploitation’ and ‘trafficking for sexual exploitation’ is helpful.
With this Working Paper we want to take a closer look at this new scenario and analyse the practical and conceptual implications of the expansion of initiatives to trafficking outside the sex sector, especially for service providers and for those seeking assistance, and try to understand the emerging issues linked to this expansion (especially as they relate to identification and assistance). We discuss the benefits and challenges of the legal avenues, and analyze how existing case law can be used to advance the rights of trafficked persons. A working paper, as the name implies, is a work in progress, rather than a ‘final say’ and we look forward to discussion and dialogues with colleagues on the issues raised in this Paper.
SMUGGLING AND TRAFFICKING: RIGHTS AND INTERSECTIONS
GAATW Working Paper Series
GAATW is increasingly concerned with immigration measures that criminalise migrants and badly affect trafficked people. Many of these policies are framed as ‘anti-smuggling’ measures. We chose to look at smuggling partly because the Smuggling Protocol sits in the same UN convention as the Trafficking Protocol and receives much less attention, especially in terms of human rights.
GAATW members also struggle with smuggling in terms of misidentification. When authorities detain migrants, they do not always screen whether they might have been trafficked, but detain them as criminals, as ‘smuggled’, or as ‘irregular’ and then deport them before they have a chance to seek or receive entitled rights. If people labelled as ‘smuggled’ are not getting their rights, it follows that some non-identified trafficked people are not either. We feel that we cannot ignore the anti-smuggling measures that are affecting the people with whom we work.
This paper examines three topics:
- Human rights that migrants have in smuggling situations,
- Intersections between smuggling and trafficking, and
- Language that different stakeholders use to talk about smuggling.
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BEYOND BORDERS: Exploring Trafficking's Links to Gender, Migration, Labour, Globalisation and Security
GAATW Working Paper Series 2010
This series of Working Papers explores links between trafficking and gender: trafficking and labour; and trafficking and migration. The complexities in people's lives cannot be captured by one story or approach alone, whether that approach is anti-trafficking, women's rights, human rights, migrant rights, or labour rights. In other words, a person's life cannot be summarised as being merely that of "trafficked person" or "migrant worker", as often happens.
Each of the Working Papers depicts numerous examples of migrant women exercising agency.