FROM BONDAGE TO FREEDOM
10
Convention for the Suppression of the Traffic in Persons and of the
Exploitation of Prostitution of Others. This Convention would be analyzed
in detail in Chapter 3. This early confusion of recognizing trafficking
with prostitution is still seen in the anti-trafficking activism of some
individuals, organizations and Governments today.
Unfortunately, Governments of some destination countries also
continue to conflate trafficking with undocumented migration particularly
with prostitution25. These responses do not bring out the entire gamut of
the problem on the contrary harm the interest of women. These
Governments generally adopt stricter immigration policies particularly
to combat the movement of young women; under the guise of combating
‘illegal trafficking in persons’. From the foregoing account one can thus
see that at different points of time in history, the then prevailing concept
of trafficking has
•
ignored the human rights of trafficked persons;
•
been used by moralists and abolitionists to dictate to women in
prostitution;
•
been used by Governments to restrict the movements of women.26
D. Defining Trafficking
In last two decades the most important developments in the work
to address trafficking have been in obtaining clarity on these issues, and
evolving a definition of “trafficking in persons” which would be in
accordance with human rights principles and be globally acceptable27.
The development of modern definition of trafficking is necessary in order
to develop strategies which would also work towards real enhancement
of the rights of the people involved, and be effective in preventing
trafficking. But before coming to the Human Rights Definition of
Trafficking let us trace the series of events that led to the evolving of the
aforementioned definition.
25
Ratna Kapur, “Tricks and the Law, Legal Regulation of Trafficking, Sex Work and Migration”,
Technical Consultative Meeting on Anti Trafficking Programs in South Asia, Kathmandu, Nepal,
September2001.
26
Global Alliance Against Trafficking in Women, Human Rights and Trafficking in Persons,
GAATW, Bangkok, Thailand, 2001,p.27.
27
Lin Chew, Addressing Trafficking in Persons in the Human Rights Framework, paper presented
for the Technical Consultative Meeting on Anti-Trafficking Programmes in South Asia,
Kathmandu, Nepal, September 2001. (The Technical Consultative Meeting was organized by
Population Council, Path and UNIFEM.)