Transcript GENDER ASPECT of TRAFFICKING

Preliminary Notes
By Maria Pakpahan
Chairperson of Executive Board of Central Board PKB
(Nation Awakening Party)
Liberal International Conference - CALD General Assembly
Supported by FNS
Taipei 7 -10 Dec 2007
Human Trafficking: Definition

Human trafficking: definition
a )Trafficking in persons shall mean the
recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or
use by 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 and receiving of payments or benefits
to achieve the consent of a person having
control over another person, for the purpose of
exploitation.
Exploitation shall include, at a
minimum, the exploitation of
the prostitution of others or
other forms of sexual
exploitation, forced labour or
services, slavery or practices
similar to slavery, servitude or
the removal of organs;
Trafficking Definition:

b) The consent of a victim of
trafficking in persons to the intended
exploitation set forth in subparagraph
a) of this article shall be irrelevant
where any of the means set forth in
subparagraph a) have been used;
Trafficking Definition


The recruitment, transportation, transfer,
harbouring or receipt of a child for the
purpose of exploitation shall be
considered “trafficking in persons” even
if this does not involve any of the means
set forth in subparagraph a) of this
article;
“Child” shall mean any person under
eighteen years of age
Presidential Decree no 88/2002

Based on the above definition of the UN Protocol,
the National Plan of Action on the Elimination of
Trafficking in Women and Children, formulated
by Presidential Decree No: 88 Year 2002, defines
trafficking as “trafficking in persons
encompassing all forms of action undertaken by
perpetrators of trafficking that have one or
more elements of recruiting, transporting
between regions and countries, transferring,
sending, receiving and temporary placement or
placement at their destination of people
Presidential Decree no 88/2002

by using threats, verbal and physical abuse,
abduction, fraud, deception, misuse of
vulnerability (e.g. if someone has no alternative,
is isolated, is addicted to drugs, trapped in debt),
giving or receiving payments or profits in cases
in which a person is used for prostitution and
sexual exploitation (including paedophilia), legal
or illegal migrant workers, child adoptions,
fishing platform work, mail order brides,
domestic helpers, begging, pornography, drug
dealing, selling of body organs as well as other
forms of exploitation
 It
is important to provide a clear
definition of trafficking lest it be
confused with regular migration and
people smuggling. Once there is
coercion, force or exploitation,
migration turns into trafficking. The
following description from an ILO
publication will contrast the nuances
of people smuggling and trafficking:
“In practice, it is not always easy to differentiate
between people smuggling and trafficking,
because |’voluntary’ agreement may be a result
of deception, or may involve an individual or
family entering into debt to pay for the travel,
debt that puts them at the mercy of the lender.
It may result in physical confinement when the
human cargo is locked into a vehicle or into a
sending or reception centre. [1] “Trafficking in
Human Beings: New Approaches to Combating
the Problem”, Special Action Programme to
Combat Forced Labour, ILO, May 2003

It may result in forced labour, where compliance
is assured because documents have been
confiscated, or by threats of disclosure to the
authorities. In these cases, the ‘voluntary’
agreement has become a ticket to trafficking”
[1].
INDONESIA

In 20 March 2007 , the government of
Indonesia together with its parliament
passed Law no 21/ 2007 on UU PTPPO /
Pemberantasan Tindak Pidana
Perdagangan Orang ( Elimination on
Crimes of Human Trafficking ). This law
provides a mandate to local government
to make policies to prevent trafficking and
to handle trafficking ( Article 57, verse 2 ,
Law 21/2007 ).
SOME INSTRUMENTS in the WORLD

Universal Declaration of Human Rights, 1948.

Declaration on the Rights of the Child, 1959.

Vienna Declaration and Programme of Action of
the World Conference on Human Rights, 1993.

Declaration on the Elimination of Violence
against Women, 1993.

Programme of Action of the International
Conference on Population and Development,
Cairo, 1994.

World Summit for Social Development,
Copenhagen, 1995.
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Beijing Declaration and Platform for Actions of
the Fourth World Conference on Women, 1995.
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ECE Regional Preparatory Meeting on the 2000
Review of Implementation of the Beijing
Platform for Action, 2000

United National General Assembly has, since 1993,
adopted a series of resolutions on the Trafficking in
Women and Girls and on the Need to Adopt Efficient
International Measures for the Prevention, Eradication of
the Sale of Children, Child Prostitution and Child
Pornography and on Measures for the Prevention of
Smuggling of Aliens.

The Economic and Social Council has adopted a series of
resolutions, such as the Resolution on Measures to
Prevent Illicit International Trafficking in Children and to
Establish Penalties Appropriate to Such Offences (1996),
the Resolution on Action against Illegal Trafficking in
Migrants, Including by Sea (1998), the Resolution on
Action to Combat International Trafficking in Women and
Children (1998), and the Resolution on Human Rights of
Migrants (1999).

Commission of Human Rights, since 1996
has adopted several resolutions on “Traffic
in Women and Girls”, on “Contemporary
Forms of Slavery” and on the “Rights of
the Child”, whereby governments,
intergovernmental and non-governmental
organizations, and other bodies are called
upon to continue and develop new
measures to combat trafficking in women
and children.

From the office of the Secretary General
and the office of the High Commissioner
of Human Rights several reports on Traffic
in Women and Girls. The Special
Rapporteur on the Sale of Children, Child
Prostitutions and Child Pornography, the
Special Rapporteur on Violence against
Women, as well as the Working Group on
Contemporary Forms of Slavery have all
reported about trafficking.

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INTERPOL adopted in 1996 a resolution on “Traffic in
Human Beings and the International Exploitation of
Prostitution”. This resolutions recommends a
multidisciplinary, cooperative approach regarding sharing
of information and other activities aimed to combat
trafficking, exploitation of prostitution and illegal
marriages.
Ten ASEAN countries committed to the ASEAN
Declaration against Trafficking in Persons Particularly
Women and Children on 29 November 2004 in Vientiane,
Lao People’s Democratic Republic.`
Indonesia as a country of
destination

Apart from being a country of origin, there have
been newspaper reports that Indonesia is now
regarded as a transit and country of destination
of human trafficking, especially of foreign
women who enter Indonesia as [commercial]
sex workers. The ICMC and ACILS publication
“Trafficking of Women and Children in Indonesia”,
quoted several media articles which reported
that in October 2002, 60 Chinese citizens, mostly
sex workers, were deported from Indonesia for
misusing their visas.

The Jakarta Post also reported that the police
were investigating the existence of an
international crime syndicate which lures foreign
sex workers from the Netherlands, Poland,
Russia, Venezuela, Taiwan, Spain, and the
Ukraine into Indonesia. In Batam, there are also
reports of 150 foreign sex workers from Thailand,
Taiwan, China, Hong Kong, and several
European countries working in Batam.
Baby Trafficking
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Baby Trafficking
There have been cases of pregnant women looking for work who
have been brought into East Malaysia, but instead of getting work
are enticed to sell their babies to Malaysian couples[1]. Calo
specifically are on the look out for pregnant women, especially
those without marriage ties. These women are lured into Kuching
and stay in a secluded house until they give birth. The babies are
sold to Malaysian couples looking to adopt children[2].
[1] Interview with Hairiah, Director of YLBH-PIK in Pontianak, West
Kalimantan on 10 November 2004.
[2] Interview with Sri Astuti Ningsih, Special Service Unit, Regional
Police, West Kalimantan
Baby Trafficking

Dita is a 45 year old mid wife who lives in
Dumai, Riau. For 20 years she is well-known as
a midwife who often helped women, particularly
the poor, in giving birth. Besides helping in
delivering babies, Dita is also known as a baby
trafficker. She carries out this practice in cases
when the family of the women was incapable to
pay for the cost of the delivery and/or taking
care of the child. Usually the parents of the baby
would ask Dita to find someone who would care
for the baby.

If there was such a request, Dita would find
someone, who was willing to pay to obtain
the baby. Soon, people would come to her
house to specifically ask whether she could
find unwanted babies for them to “buy”.
Dita would always know whether there were
any babies avalaible. A source from the
neighbourhood had said that apart from poor
women, many of these babies were from
unwanted pregnancies from the brothels in
Dumai
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News of her baby-selling service has even
reached neighbouring Malaysia. Dita set the
tariff of RM 1,500 or Rp 3,500,000 (US$411) for
each baby. The cost included the cost of the
delivery and the issuance of fake birth
certificates which state the names of the buying
couple as the natural birth parents of the baby.
In order to escape the notice of immigration
authorities, she has advised foreigners,
especially women, to come into Indonesia, a
couple of weeks before leaving with the baby
under the assumption that the woman would
have given birth in Indonesia.
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In Batam, the modus operandi is quite
sophisticated. No one in the chain of baby
trafficking knows each other. The person
looking for babies, the person bringing the baby,
the person carrying tha baby in the tongkang to
Malaysia, they are all conditioned to not know
each other. There have been cases where even
the Malaysian police can be bribed to bring them
to shore. Also, reports of babies being sold not
only to Malaysia, all the way to Taiwan and Hong
Kong[1].
[1] Interview with Surya Makmur Nasution, Kompas daily correspondent in Batam on
5 November 2004.
Baby Trafficking

Similar reports come from East Kalimantan,
where babies are sold to Malaysia, China, Japan,
and Australia. These babies are either bought
for Rp 500,000 (US$60) or kidnapped. The
younger the baby the better, traffickers fetching
a commission fee as high as between RM 2,000
to RM 4,000 (US$526 to US$1,052) from their
counterparts in Malaysia[1].
GENDER NOTES
Vulnerabilities
- Isolation
- Forced labour
- Shifting female prone into more gender
neutral crime: organ trade, children trade
- Servitude
 Livelihood

Post Migration
-family breakdown
-fund management
-consumption use
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