The Battle Against Human Trafficking in Europe : Policy Evaluation

The Battle Against humane Trafficking in europium Policy military rank Samira Misra Webster University Abstr phone number This paper seeks to evaluate the policies of the europiuman Union say at set uponting gentle race trafficking in all its forms. The current plans of the atomic number 63an Commission and the joined Nations ar presented, and the rationale behind them is scrutinized. search shows that the European Union recognizes the riddle of human trafficking as a complete denial of human rights, and resolves achievement to bring to umpire the responsible persons.The European Unions perspective is one ground on the pillars of democracy freedom, transp atomic number 18ncy, the practice of law, and security. This paper argues that the aforementioned perspective is non capable in ameliorating the situation. It proposes a broader approach to the locution and object of a encyclopedic strategy, encompassing the showtime causes underlying human trafficking, as well . The head teacher weaknesses of current polity appear to be its implementation, and EU wide co-ordination.With the realization of these weaknesses, this paper proposes significant reform by regulatory agencies for tangible follow out against the catastrophic reality of the trafficking trade. Ana, a girl from Quito, Ecuador fell in sock with her hus luck at the young age of 20. What she thought would be the dress hat decision of her life, destructioned up leading her to living in a nightm ar. Her husband worked at a brothel in Quito, hiding his employment from Ana. Ana left her husband, along with her toddler, and moved in with her m early(a) hypothesiseless. She soon met the possessor of a small salon, a lady who would talk about Europe, and the lifestyle of the people at that place.Ana quickly became starry-eyed and accepted an offer to move to genus Paris to make money. She was completely unaware of what lay ahead. When she reached Paris, she came to know that no job awaited her, other than prostituting herself on the streets to pay back her debts for her trip to Paris. Her pimps calm most of the money she made, and escape was too risky as the trafficking ne cardinalrks were taxonomic and even connected with law enforcement. Ana did non return to Ecuador for three geezerhood, and lived her life, risking it both single day just to make ends meet. This is only ne of thousands of revulsion stories of the victims of human trafficking (Knierim, 2012). According to the United Nations Office of Drugs & Crime (UNODC), human trafficking is delimitate as the The recruitment, transportation, transfer, harbouring or receipt of persons, by m over 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 vex of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over other person, for the train of exploitation.Exploi tation shall let in, at a minimum, the exploitation of the prostitution of others or other forms of informal exploitation, forced labour or services, slavery or practices correspondent to slavery, servitude or the removal of organs. (UNODC, 2012). The sex trafficking industry has be conform to the fastest ripening industry in the world, and offenders continue to slip between the cracks of the legislative governing body (UNHCR, 2010). Data indicates that the number of trafficked victims detected in 2006, in West and rudimentary Europe was 7,300 (UNODC, 2006, p. 229).Transcrime suggests a multiplier of 20 for every victim detected, which means that it is estimated that the actual statistic is 20 times what is known, This leads to a possible statistic of 140,000 victims in Europe. It is lowering to say what should cause greater concern, the staggering numbers (which are a conservative estimation), or the fact that the trafficking industry continues to boom. Most trafficked victi ms in Europe come from Balkan countries, and from Russia. Europe similarly shows the largest number of nationalities of victims than any other neck of the woods of the world.Victims are recruited into the sex trafficking trade by force, misrepresentation, false promises and coercion. Young, vulnerable women are lured into traps through and through promises of opportunities such as jobs, study abroad programs, modelling careers, vacations and the like. Research shows that acquaintances, friends or relatives by and large conduct recruitment within Europe. (UNODC, 2010, p. 225) Human trafficking is a deeply complex, and multi-faceted issue. It has three principal(prenominal) dimensions criminal, human rights, and socio-economic.In order to resultantively combat human trafficking in the European Union, measures that tackle all aspects unavoidableness to be devised and implemented. This essay will seek to illustrate that the European policies thus farthest have interpreted a ve ry limited viewpoint to the challenges of trafficking, and privation to buy the farm their vision to incorporate solutions to the root causes of the sex trade. In the number onely mapping of this paper, the policies (to date) to fight trafficking will be examined, as well as the rationale they stem from.The second part will identify the main problems with these policies, and propose changes necessary for the EU to effectively confront the prevalence of trafficking. European Union Policy European Commission In the past decade, the far-flung problem of human trafficking has gained increasing media attention. However, this rise in media coverage does non imply an increased effort for measures to be taken. Rather, it triggers a false adept that enough is being to combat trafficking. Yet still, fewer nations remain immune to its adverse effects. Most countries are source countries, transit countries, or coating countries.It is important to note that within Europe, every nation has its own policy framework against the issue, but scrutinizing each system is beyond the scope of this enquiry paper. For the argument, which this essay seeks to propose, it is more useful to examine the policies of European organizations dedicated unaccompanied to trafficking. The discussion will be a chronological presentation of the go taken by the European Union. The role of the European Commission (EC) is to propose legislation in the collective interest of the EU, as well as assist in its implementation.Usually, the burster initiates legislation to meet requirements under EU treaties. In May 2003, under the Brussels Declaration on human trafficking, a policy framework was introduced, which recognized the brilliance of addressing the human rights violations of trafficking that endanger the freedom and security of victims. It called for cooperative do on regional, national, and international levels by governments, regulatory bodies and NGOs. Thereafter, in 2004 a EU dire ctive was issued Directive2004/81), and introduced a formulation period in which victims could recover without being deported for ilsound migration. If they decided to abet with enforcement officials and provided concrete information about their traffickers, they would be minded(p) a fleeting residence permit through which they could pursue education and career opportunities (European Commission, 2004, p. 261). Although the EC released near policy statements between 2004 and 2011, there were very few perceptible changes in strategy. More recently, the EC has taken a supposedly comprehensive initiative against this phenomenon.In 2011, the European Parliament established a framework outlining legal punitive measures concerning trafficking offences, as well as preventive measures to aid victims (Directive2011/36/EU). Under this policy, offenders of trafficking (including partial participants aiding in the process) were subject to five to ten years of imprisonment depending on the crimes they committed. Furthermore, the Directive stated, theatrical role States may decide not to prosecute or impose penalties on victimsof trafficking in human beings for their matter in criminal activities which they have been compelled to commit. (European Commission, 2011, p. 01). The aftercare procedures consisted of the possible provision of accommodation, medical care, and variant and translation services. Children were required to receive psychological assist and access to education. all told victims were required to be protected guinea pigablely from abusers and trauma. Preventive measures highlighted by Directive2011/36/EU included education and awareness initiatives, and training for police in acknowledgment of offenders and victims. The main improvement in this directive from the last indication was that it had broadened the definition of trafficking to include more forms of exploitation.The Directive2011/36/EU demonstrates an approach largely concerned wit h the criminal and human rights violation aspects of human trafficking, but displaces the comminuted aspect (the socio-economic conditions which lead people to trafficking). According to the Directives understanding, trafficking of persons is first and foremost an absolute negation of basic human rights for the immense physical and psychological abuse endured by victims. Secondly, it is a criminal offense (or several) on the part of the ffenders, as they partake in heinous crimes of violence, oppression, and cruelty, which trivialize the worth of a human life. The latest strategy was released in June 2012, when the EC pick out out the, EU outline towards the eradication of Trafficking in Human Beings (2012-2016). This strategy essentially puts send detailed concrete steps to meet the aims of the previous Directive2011/36/EU. of import objectives of the agenda are identification and protection of victims, increased legal action against offenders, enhanced coordination and coo peration of states in policy implementation, and increased preventive measures.The EU Strategy towards the Eradication of Trafficking in Human Beings can only be analyse conceptually for shortcomings as it has just been put into place. However, despite periodic revisions, it is open air that the ECs view remains essentially unchanged. The outlook continues to be concerned with law enforcement and organized crime (European Commission, The EU Strategy towards the Eradication of Trafficking in Human Beings, p. 4-6). United NationsOther than the EC, the United Nations also recognizes human trafficking as a pressing concern for the international community, and acknowledges its duty to mobilize Member States to act against it. In 2002, the UN TIP Protocol (also known as Palermo Protocol) was adopted by the United Nations to prevent, suppress, and punish trafficking in persons, especially women and children (U. N, 2002, p. 1). In declination 2003, this protocol came into effect, signed by 117 countries. The UNODC is responsible for upholding the Palermo protocol.Additionally, the UNODC launched its Blue Heart Campaign, directed at increasing awareness and involvement in combatting the trafficking trade. Evaluation land up trafficking is a complex issue, which requires an in-depth analysis and understanding of the various dimensions of the problem. The phenomenon of trafficking is immoral and unethical on numerous counts, and therefore the fight against it must confront them all. afterward a closer insight into the sex trade, it can be reiterated that there are socio-economic, criminal and uman rights standards our society is based on, all of which human trafficking neglects. This section identifies the cardinal loopholes in current anti-trafficking procedures. Data Collection A sooner significant issue, which inherently cripples the efficiency of policy-making, is the lack of data on human trafficking. This expresses a concern not with the content of the polic ies, but rather with the construction of policies, as knowledge of the temperament of trafficking remains incomplete. Concrete, reliable data on human trafficking is an essential basis for all good programs, interventions, policy and legislation.Without this data it is not possible to know the extent or the true nature of the trafficking problem, nor understand the complexity of the issues involved. As a result, practitioners and policy-makers are unable to act and react appropriately and effectively( planetary Centre for Migration Policy Development, 2008, p. 205). There are several originators for the dearth of empirical data and statistics. Perhaps the most renowned reason is the un instinctiveness of victims to come forward and report the crimes committed against them.This is because they solicitude for their personal safety, or fear being prosecuted for crimes such as extrajudicial immigration, prostitution or drug abuse. In extreme cases, victims are monitored by offender s and do not have the access to law enforcement. Other lend factors are obstacles in legal frameworks, poor data collection methodologies, and waver of agencies to share their information. This undermines the foundation upon which policies are devised. Approach to combatting trafficking EC policies against trafficking largely ignore problems such as sexual practice inequality, race and class differences.The International childbed Organization (ILO) estimates that 43% of trafficking victims are used for forced commercial sexual exploitation, of which 98% are female (ILO, 2008, p. 3). Although Europe has long recognized the importance of sexual activity equality, it does not view the problem of human trafficking as substitute of gender inequality. Trafficking predominantly affects women, and it is because women are disadvantaged compared to men in society, that they are more susceptible to becoming victims. The leading cause of trafficking is the desperate need of potential vic tims to flee from poor standards of living.Presently, the EU is not taking sufficient measures to support the commitment of disadvantaged (impoverished, uneducated, ethnic minorities, and so forth ). The harsh EU migration and border laws limit the options women have for fall in prospects. This can (sometimes) be the reason for women seeking illegitimate and unregulated forms of escape. The argument propositioned here, is that thus far, the EU has taken a closed view of trafficking, and has designed policies aimed at short- term band aid solutions, and has failed to devise long term strategies to eliminate the conditions which cause people to resort to risky and life-threatening behavior.In addition, these short- term policies are not gender responsive either, and lack mechanisms to help women (specifically) tame their susceptibility to such crimes. Human trafficking is a result of a chain of events based on unfair social and economic environments, to which women frequently fall victim. Women are physically weaker and thereof more vulnerable to physical harm. In addition, the cultural and societal norms (e. g. gender stereotypes, and social roles) that surround most women aggravate the likelihood of the exposure to crimes against them.As of now, gender equality policies apply mainly to EU citizens, whereas most victims of trafficking are non- EU citizens. It is counterproductive to have policies seeking to ensure equal rights, which fail to extend to outsiders (even illegal immigrants). Current anti-trafficking measures have been said to be collateral revile, as they explicitly authorize government action against victims such as deportation, and prosecution for petty crimes (Uhl, 2010, p. 122). These ostensibly supportive measures are in effect punitive for women and discourage them from seeking help.Surprisingly, nearly half of trafficking recruiters are also women. Female victims, desperate to find an escape from the unfathomable abuse, acquire exploi ters over time (UNODC, 2010, p. 227). Policies addressing the socio-economic problems faced by women in areas of unemployment, welfare, education, immigration etc. would empower them, and prove more productive in tackling the issue from preventive, punitive and reconstructive aspects. In essence, the European Union fails to recognize that human trafficking is partially the end result of societal gender inequalities.Although there are separate initiatives battling gender inequality, under social agendas, the European Union can kill two birds with one stone by incorporating these measures in fighting trafficking as well. Rathgeber (2002) asserts, integrate and operational structures need to be developedto counteract the feminization of poverty (p. 163). Academic critics of European trafficking policies (such as Rathgeber and Askola) endorse integration of strategy and procedures to overcome social gaps such as economic class, gender, or race. LegislationThe next key shortcoming in t he European policy is the implementation of legislation. Although laws have been passed deeming trafficking of homo as punishable, few nations have used them to convict perpetrators. The implementation of the law so far has been lacks, which could only have further discouraged victims to come forward and testify. Despite the European Commissions view of trafficking from a crime and justice standpoint, enforcement officers are not equipped with the proper tools for identification and protection of victims, and not all legal institutions are equipped with legislative frameworks.Frequently, victims are offered through front businesses such as beauty salons, massage parlors or get a line services, which make it hard for police officers to diagnose as trafficking rings. The United States subdivision of Health & Human Services (2008) reports that often victims do not calculate themselves to be victims, because they are unaware of their rights and are kept too discriminate from commun ication to be informed of the action they can take. In addition, in Eastern European countries, as well as a few others, trafficking rings are so well connected, that they branch as far out as law enforcement authorities.This could mean that police officials are willing to either turn a subterfuge eye to, or accede in criminal activity. In order to have legislation in reality serve its purpose, European policies must categorize concrete ways for the identification of offenders and victims. right enforcement agencies assume that there are clear, visible signs of trafficking activity such as locked doors, low sanitary standards, like working and living space, etc. Rather than relying on superficial symptoms like these, Uhl (2010) suggests that victims can be better detected through a profile, or characteristics based on human ecology and behavior (p. 23). Identification ties back into being able to recognize that specially vulnerable slice of society- uneducated and poverty stric ken. Legal measures should also tell the protection of victims from criminal prosecution and not leave it to the judgment of the enforcement officer, or circumstances. The current Directive does not state this as a requirement, and these grayish areas are considerable obstructions to effective transaction of justice. According to the UNODC, law enforcement bodies also do not place sufficient priority on charging offenders, as they are aware that it rarely results in a conviction.A large majority of victims and witnesses are deported, or locked up for crimes, which makes their statements unusable in court proceedings. In addition, offenders disappear under the radar and are known to flee the republic as well. The failure of legislation is result of other shortcomings, rather than a shortcoming in itself. Each inefficiency snowballs to make the presence of legislative tools futile. harmonization It seems sound to assume that the European Commissions policies reflect uniform stan dards between nations because they take away to act in the interest of the European Union.However, this is not the case. Although, the EC has the same anti-trafficking strategy for all its members, different states interpret and enforce the policy differently, and some states simply do not uphold the EU standard. The absence of co-ordination and co-operation is to date another way in which convicted offenders escape investigation in court. The initial intention of the strategy is lost across borders, as states continue to pick and choose slices of strategy to administer.This is principally dependent on the level of economy in each country, as well as on national priorities. In several source countries, especially in the Balkans, corruption is widespread and dishonest officials often work with traffickers or turn a blind eye to unlawful acts (Rathgeber, 2002, p. 153). By definition, what constitutes trafficking also varies from country to country. Some definitions include several forms of exploitation (e. g. bad labor conditions), while others only rush with more severe forms.Therefore, the Directive, which is supposed to tackle the same form of trafficking in a dependable way across nations, ends up being translated to suit specific national standards such as border control, labor conditions, migration law, and sexual morality (Askola, 2007, p. 214). A tentative solution is the establishment of a regulatory legislative body in charge of enforcing the correct application of strategies of the European Commission. Its branches should be established in Member States to regularly monitor execution in accordance with the EU standards.Moreover, the strategies need to avoid ambiguities, which encourage nations to transmute implementation. The Directive2004/81 allows for authorities to determine whether temporary residence should be granted or not, based on specific circumstances. In having such loopholes, enforcement bodies become more occupied with the determina tion of these circumstances, and less with the primary objective of assistance and rehabilitation. European countries have shown limited understanding of trafficking as an issue in itself, despite all the research and analysis there is available on the subject.When examining European Commission approaches to social and economic discrepancies across EU nations, it is unembellished that there are programs in place, which are built with the primary purpose of establishing equality, and eradicating hierarchy based on gender and class. However, these steps have been comparatively ineffective, and lack synchronization across borders. Trafficking is one of the outcomes of the failure of the EUs measures against poverty, income inequality, lack of welfare and benefit programs, and social services for children, education opportunities, psychotherapeutics and medical assistance, and rehabilitation.It is these dire circumstances that create desperation for money and through it, the prospect o f an improvement in living standards. Conclusion Human trafficking is a problem, interlinked to several existing social, political, geographical and economic disadvantages. In order to ponder a comprehensive response to control the proliferation of trafficking, and the tragic outcomes on victims, the European Union must pay heed to the social and economic root causes.The strategies of the past decade reflect a generally conservative approach, as well as one that deals with trafficking as a problem in it, rather than a problem resulting from several other problems. There is bantam real improvement in the progressive refinement of EU policies. The European Commission has recognized the scope of the problem, and urgency to combat human trafficking, except the measures are proving unsuccessful. Rather than portraying human trafficking as merely a variation of organized crime, it is critical to acknowledge its social, political, economic and criminal aspects as well.Human trafficking is an outcome of failed social measures, ones that are not directed to fighting the conditions from which it arises. synchrony and coordination between European nations are the first steps to remodeling strategy design and enhancing the influence of legislation. Gender sensitivity and assistance to women should be a circus tent priority in EU policy, to help women shift from their underprivileged position in society. From an evaluative perspective, until these actions are taken, we are likely to see reiterative adjustments to current EU policies with little advancement in the right direction.References Askola, H. (2007). rage against women, trafficking, and migration in the European Union. European Law Journal, 13(2), 204-217. 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