PROJECT
Co-author of Chapter 6 in Sexual Crimes: Transnational Problems and Global Perspectives
Edited by Alissa R. Ackerman and Rich Furman, Columbia University Press.
This book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspective.
I co-authored Chapter 6, “INGOs and the UN Trafficking Protocol" in Charles A. Smith and Cynthia Florentino. " in Sexual Crimes: Transnational Problems and Global Perspectives
Abstract:
Human rights literature has managed to analyze the legal framework of human trafficking and measure the effectiveness of policies adopted by the United States to fight it and protect its victims. In terms of global governance, the literature has examined the surge of international non-governmental organizations (NGOs) in international courts, as well as their subsequent effect on the battle against human trafficking.
In this work, we bridge these literatures and study the role of international NGOs in combating human trafficking on a transnational level by studying the emergence of NGOs in the international arena, specifically their role in UN Trafficking Protocol negotiations and their part in policy implementation.
This analysis concludes that many of the INGOs have played an influential part in implementation and are taking center stage in the fight against human trafficking in terms of legislative advocacy.
THINKING
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children defines human trafficking as:
The recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation, which includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.
The battle against transnational crime and human trafficking (UN Trafficking Protocol 2000):
The Protocol opened for signature in December 2000 and entered into force on September 2003.
The negotiations that preceded the drafting of the Protocol were subject to many forces of influence but for the purpose of this project we will be analyzing the role of international non-governmental organizations (NGOs).
Examining the Link Between NGOs and Language in UN Trafficking Protocol
Methods:
The UN Trafficking Protocol negotiations were heavily influenced by NGOs and two major NGO grassroots lobbying blocs were formed to advocate for their ideologies and incorporate them in the language of the Protocol. The table below describes the main ideas of the NGOs grassroots lobbying agendas. The information examines the role of NGOs during the negotiation process.
Analysis:
Table 6.2 demonstrates the position of each NGO bloc during the Protocol negotiations based on the final definition of human trafficking adopted by the UN Trafficking Protocol shown in the introduction. Both sides were able to influence the wording and a balance of both can be found in the definition. Nevertheless, the definition remains open for interpretation based on perspective. This situation allows for a continued debate among the NGO blocs.
After the Protocol entered into force, the NGOs from both blocs continue to exercise great influence over human trafficking legislation. The chart below shows a negative relationship between the dates a country signed the Protocol and ratified it and the level of participation of NGOs. This relationship shows that NGOs are using different initiatives to push the countries to embrace the issue and take action in fighting this transnational issue.
