Trafficking Criminal Justice - Research Proposal Example

International Criminal Justice TABLE OF CONTENTS Section I: Focus and Operationalization Introduction page 3 Literature Review (past research) page 4-7 Theoretical Framework page 8 Hypothesis and Variables page 9 Conceptualization of Variables page 10-11 Section II: Research Design and Methodology Units of Analysis page 12 Data Sources page 12 Sampling Strategy page 13 Variable Measurement (Operationalization) page 13 Section III: Discussion and Conclusions Theory Implications page 14 Implications for Policy (Policy Recommendations) page 15 Concluding Remarks page 16 International Criminal Justice Section I: Focus and Operationalization Introduction The purpose of this research proposal is to establish the factors that contribute to human trafficking. The United Nations defined human trafficking as recruiting, transporting, harboring or receiving people by fraud and deception or threatening or coercing them for the purpose of exploiting them (US Department of State, 2011). Although previous studies have shown that women and children as well as disadvantaged minority groups are disproportionately affected by human trafficking, this research proposal seeks to establish the root causes that make these three groups the most vulnerable. Further studies have also revealed that trafficking in humans is a global concept that does not exist in isolation, but they also do not dwell sufficiently on the complex factors that create and sustain it (Evans, 2012). The idea of this research proposal is founded on an already researched topic, but the focus will be guided by the question “what are the factors that contribute to human trafficking and make women, children and marginalized groups more vulnerable?” Therefore, the potential significance of the research is that the criminal justice system and general public will develop an understanding on how the problem can be prevented by addressing the contributory and causal factors. The focus will be on two broad categories, which are universal and local factors, but they will be broken down into economic factors, government policies and practices and armed conflict and emergencies. However, this is not to imply that there are only three causes of trafficking in persons, but according to the literature available on the topic, it can safely be assumed that these three are the most significant. Literature Review As noted by Blackmon (2008), a United Nations study cited poverty, armed conflict, oppression, lack of economic and social opportunities and the abuse of human rights as the most notable conditions that promote the desire of vulnerable groups to migrate. Supporting the United Nations’ report, Evans (2012) adds that these contributory factors are further compounded by civil unrest, political instability, natural disasters and militarism, resulting in displaced and destabilized populations with increased vulnerability to exploitation and the associated trafficking. The lack of economic and social opportunities and armed conflict make orphaned street children and women especially vulnerable to trafficking. In general, according to Brennan (2009) the combination of this array of factors pressurizes victims and leads to desperation and, ultimately, the desire to migrate, whether legally or otherwise. Evans (2012) explains that difficult consequences of conflict and economic environments push victims into migration and better opportunities in developed countries pull them away from their countries, making them vulnerable to perpetrators of human trafficking through their desperation. Economic factors are the most significant and widely published contributory factors of human trafficking. According Trodd (2008), the majority of the poor population in the world is made up of women, and trafficking in persons has the unequal economic standing of women at its center. Further, the economic burden of child-rearing is often upon women who are also discriminated against, limiting their opportunities in education and employment. Also citing the economic status as a contributory factor to trafficking, Bales (2009) agrees and points out that in the workplace and especially in the developing world, employment requirements mostly favor men. Further, the women who get employed are largely subjected to sexual harassment. However, it is also worth noting that this is not a problem unique to developing countries. For example, as Blackmon (2008) had earlier argued, the former Soviet Union as well as all Eastern and Central European countries reported worsening economic statuses of women as the countries underwent economic transitions. This, as Limoncelli (2010) agrees with Trodd (2008), will result in women seeking better working and income earning opportunities abroad regardless of whether they are in developing countries or the developed Europe. The economic factor can be viewed as an inevitable consequence of globalization. As the US Attorney General’s Office (2009) explains, it is part of the consequences of rapid and global changes. Therefore, it is not only the existence of poverty in itself but lack of previously existing employment options, the growing economic disparity and rapid economic declines that are contributing towards the vulnerability of the three groups. According to Brennan (2009), the failure of authorities to exhaustively address the economic disparity, whether intentionally or rendered unable by circumstances, contributes by expanding the opportunities of exploiting the vulnerabilities by perpetrators of trafficking. Doezema (2010) agrees with the failure of authorities to address the disparity and points out that governments are greatly cutting social spending, particularly in the developing world. However, he also offers the explanation that it is partly due to social safety nets being eliminated after many nations were coerced to undergo economic restructuring for them to be eligible for international financial aid and multilateral loans. Another contributory factor is comprised of government policies and practices. According to US Attorney General’s Office (2009), trafficking in persons and especially women is partly due to the failure of many national governments to prevent or control the matter. In support of this report, Andrijasevic (2010) adds that some policies and practices by governments facilitate rather than monitor and prevent the activities of human trafficking. The contribution by the government is addressed from two perspectives. First, according to (Evans, 2012) the government may fail to pay attention or act to address the issue and second, corrupt officials may take bribes to allow trafficking or actually take part in the process themselves. According to Limoncelli (2010), the United Nations High Commissioner for Human Rights (UNHCHR) has previously noted that most countries do not have adequate legislation in place to curb the trafficking of children, women and marginalized minorities. The US Department of State (2011) agrees in its report that the Palermo Protocol is not regarded in the seriousness it deserves as a major policy concern (the Palermo Protocol provides the United Nation’s definition of trafficking in persons and how it is linked to organized crime). According to Doezema (2010), there is little to almost nonexistent consensus among policy makers, activists and researchers regarding the scope of the issue. Doezema (2010) provides useful information by breaking down the United Nation’s definition of exploitation and the manner in which it emphasizes on sexual exploitation. On one hand, the Palermo Protocol includes prostitution, forced labor (including sexual services from women and children) and removal of organs in the definition of trafficking in persons. On the other hand, as Kara (2009) points out, many governments, analysts and anti-trafficking agencies give less consideration or even exclude coercion and transportation from their definitions of human trafficking. As a practice, and especially deriving from government policy, this inappropriate definition contributes to the vulnerability of women, children and marginalized minorities with regards to human trafficking (Evans, 2012). Armed conflict and emergencies are considered among the key contributing factors of human trafficking. However, it is not the events per se that promote the problem but the circumstances that surround them. From the results of a research conducted by the Catholic Relief Service (CRS) and the resulting public awareness, Andrijasevic (2010) explains that natural disasters, armed conflict and the ensuing humanitarian initiatives are linked to the risk of trafficking in persons. For instance, both social and economic patterns are disrupted following either natural disasters or armed conflict and border stability and control is compromised. Endangered and displaced persons take it upon themselves to arrive at desperate decisions and, according to Kara (2009), willingly rely on predators and smugglers to escape to safety. Agreeing to this observation, Limoncelli (2010) gives the specific example of the women who fled from the armed conflict in Kosovo and the children who fled from West and East Timor’s refugee camps. The most important thing to note, as Limoncelli (2010) continues, is that the presence of peace keeping and military personnel contributed to a large number of women and children ending up in the hands of predators. This is explained by the fact that when peace keeping and military personnel are stationed in conflict areas, it marks the starting of the sex industry within that locality as can be evidenced by any war the world knows of (Kara 2009). The most notable example, as Doezema (2010) contributes, is delivering victims of human trafficking to brothels for the purpose of serving military bases. Therefore, the military contributes to trafficking in humans during conflict or emergencies by the failure to take disciplinary measures against their troops. From another perspective, as the CRS research revealed, men are either killed or recruited into armed conflicts during times of unrest and this explains the lopsided representation of women and children in refugee camps (Andrijasevic, 2010). Following the absence of their male family members or spouses, their economic and social support networks are greatly diminished, which gives rise to a situation that is compounded by the fact that resettlement and reintegration are characterized by significant delays. All these circumstances make women and children vulnerable to predators with criminal intentions (Evans, 2012). Theoretical Framework This research proposal acknowledges that even though most of the available literature on trafficking in persons is generally based on the perspective of the United Nations, the root causes vary between countries. However, it is also acknowledged that economic factors, government policies and practices, and emergencies and natural disasters are common factors even though specific to the patterns observed in individual states. From this, a theoretical framework can be built for the criminal justice system to develop global strategies to curb human trafficking by specifically targeting governments and their policies. The theory is that governments can implement national-level preventive actions consisting of measures relating to research and the collection of data on social and economic policies and border control measures to address the root causes of human trafficking. This theory is informed by the fact that as a contributory factor, the government is best placed to raise awareness and implement legislative measures. Therefore, they must put in place policies that address their countries’ economic environments and conditions that lead to conflict and discrimination against the vulnerable groups. It is assumed that this responsibility falls equally upon both countries of origin and destination. Inasmuch as natural disasters cannot be avoided, the resulting situations can be managed differently so as to reduce the vulnerability of women, children and marginalized minorities to human trafficking predators (Evans, 2012). The theory is also built on the understanding that the cultural and social practices of many developing nations contribute to the trafficking of women and children through ways such as devaluing them. Ideally, this theoretical framework is structured on the assumption that the effort of authorities to provide and apply accurate knowledge of social science has the potential to reduce vulnerability and victimization of certain populations by perpetrators of human trafficking. Hypothesis and Variables Findings by both the United Nations and the Catholic Relief Service singled out government policies and practices as the most active agents in the creation of unfavorable economic environments (US Department of State, 2011). They also contribute to the manner in which emergencies and natural disasters are handled. The hypothesis of this research proposal that governments contribute towards conditions that render women, children and marginalized minorities vulnerable to human trafficking is moulded from these findings. Researching on this hypothesis will provide further questions as to why governments inadvertently find themselves setting up circumstances that promote the problem rather than mitigating it. This proposal has three key variables which are economic factors, government policies and practices, and emergencies and natural disasters. Basing on these variables, quantitative research on the victims of trafficking arising from economic difficulties and the ramifications of emergencies and natural disasters will form part of the analysis. National-level strategies to improve economic and social standards of these vulnerable populations are believed to be able to discourage their desire to migrate prevalence of trafficking because smugglers and predators will have fewer opportunities of taking advantage of their desperation. Although it has earlier been shown that human trafficking is a global problem, the research will focus on reviewing literature addressing developing nations because they are more affected as countries of origin. Maxfield and Babbie (2011) have shown that generalizations and assumptions are sometimes inevitable in research proposals. Therefore, it is assumed that if the governments of the countries of origin provide conditions that block the issue, those of destination countries will not have to be so much concerned with blocking the entry of the victims. Conceptualization of the Variable Three key variables have been identified in the form of government policies and practices, economic factors and emergencies and natural disasters. Although they all significantly contribute to the vulnerability of women, children and marginalized minorities, economic factors and the handling of emergencies and natural disasters are largely functions of government policies and practices. Governments are among the dependable variables but also determine how the others affect the vulnerability of certain populations. Therefore, to address the variables, it is imperative to conceptualize in terms of what the government’s concern to end human trafficking is. Governments have the ability to defer compliance of international policies regarding social spending if the policies adversely affect the other two factors. For example, when social spending is minimized for the sake of qualifying for monetary support and loans from international organizations, the governments can put in place their own policies that will protect the vulnerable populations. This move may be injurious to international relationships when but viewed from the perspective of contributing to human trafficking it provides enough ground to go against such international requirements. The literature review has shown that lack of economic opportunities drives populations to seek better opportunities from abroad. In itself, this exposes the populations to smugglers who are able to get initially willing people to be transported to destinations that victimize them. Again, this informs the conceptualization of the variables in terms of the government’s concern to stop the trafficking of the vulnerable populations. The literature review showed how the variables create conditions that escalate vulnerabilities and promote the trafficking of certain segments of the population. Reports by the United Nations and the Catholic Relief Services were submitted to the concerned governments. However, this research proposal is not as concerned with the actions taken after receiving the reports as it is with the assessment of the risks of the areas affected by the variables. Governments are concerned with cases of human trafficking because it is their obligation but this research proposal conceptualizes the concerns from the perspective of how the government as an entity as well as contributory factors shapes the other variables. While economic environments do not take shape on their own, natural disasters and emergencies cannot be avoided in their entirety. However, by considering how these events are handled, it is possible to conceptualize how governments’ policies and practices expose certain populations to the risk of human trafficking. For example, governments can consider reducing (though not eliminating) the use of peace keeping and military personnel in handling emergencies that result from armed conflict. Again as seen from the literature review, the presence of peace keeping and military personnel in areas of conflict promote the establishment of brothels and the women from the society can easily be coerced into prostitution to escape the conflict. Therefore, rather than the governments simply acknowledging that relief services must be provided to the victims of natural disasters and conflicts, this research proposal conceptualizes the matter from the perspective of how the provision of the services promotes vulnerability. The underlying objective is to study not only whether the governments acknowledge their contribution to the problem but also whether they acknowledge that apart from being factors, they determine how the other factors relate to the problem. Section II: Research Design and Methodology Units of Analysis In the research of government concern about trafficking of women, children and marginalized minorities, the phase of analysis will serve explanatory and illustrative purposes. To this end, there will be two significant units of analysis which will are the victims as a group and the system in which the problem occurs, which represents government polices and practice. The responses of the vulnerable groups regarding whether their governments are actively and effectively involved in preventing circumstances that aggravate their vulnerability will be analyzed. Then, data on the position of government officials will be analysed to determine the role of both negligence and corruption in the problem. By analysing these two areas, it will be possible to determine the extent to which the three variables contribute towards the problem and how government policies and practices shape the others. Data Sources Data will be obtained through two key methods. The first will involve reviewing literature available from online resources as well as printed journals and academic resources. Second interviews will be conducted and target three specific groups. First, the victims themselves will be interviewed in confidentiality to protect their identities as well as fulfil an ethical requirement of privacy. They can be found in refugee camps and other specialised institutions that offer relief services. Then, government officials will be interviewed specifically to establish what they think the contribution of their policies and practices towards the problem is. They will not necessarily be required to speak for or on behalf of the government, but give their personal opinion and their identities will be protected. The other group of interviewees will be personnel who have previously taken part in relief services. Sampling Strategy The simple random sampling will be used because of its characteristic that enables each unit from the population under study to be selected equally, which improves external validity (Maxfield and Babbie, 2011). The population will be represented by three main groups as described in the data sources section and will include the victims, government officials and peace keeping and military personnel. For this research proposal, it is intended that a sample size of 200 will be drawn from each group to avoid sampling biases. However, it also acknowledged that it will be time consuming and costly to access some of these population groups will because they may be scattered geographically. Nonetheless, the strategy is highly efficient in eliminating potential human bias and offers the research a highly representative sample (Howell, 2013). Variable Measurement (Operationalization) The three variables are economic factors, government policies and practices, and emergencies and natural disasters. Each will be measured by assessing its degree of contribution to the problem and the consequences directly arising from it. The variable measurement strategy is chosen with the knowledge that this research proposal is largely about how the variables affect a particular situation. Therefore, the interval level or scale of measurement will be used because of its potential to provide an order as well as indicate the size by which the scores differ (Howell, 2013). This will provide a measurement of the presence of the variables that can be validated against the degree of vulnerability they create as well as the contribution of the populations that are made vulnerable. By establishing the reaction of the population once they are made vulnerable, it will be possible to measure the contribution of each variable. Section III: Discussion and Conclusions Theory Implications It has been theorized that governments can implement strategies at the national level as informed by research findings in an effort to fight trafficking vulnerable persons by addressing the causes of the vulnerabilities. Hence, this implies that the criminal justice system can develop global strategies to curb human trafficking by specifically targeting governments and their policies. Basing on the theoretical framework developed, the strategies can be formulated by actions that consist of research and the collection and analysis of data on social and economic policies. This can further be extended to border control measures to address the root causes of human trafficking. Since the government has been shown to be both a contributory factor as well as one that determines how the others affect the issue, the theory also implies that it bears the responsibility of raising awareness and implement legislative measures. When all the causal factors associated with human trafficking are consolidates, the implication of the theory is that the government is at the core of the causes of vulnerability. Ideally, it must also bear the most significant system role of addressing the problem, since the criminal justice system cannot slove it on its own. Implications for Policy (Policy Recommendations) As shown by the literature review, theory and theory implications, government policies and practices create favorable conditions that perpetrators of human trafficking are able to use to take advantage of the populations that have been made vulnerable. Therefore, in order to protect its citizens against the vulnerabilities, government policies and practices must change and cultivate environments in which all citizens are equally afforded economic and professional opportunities. The governments of development countries, which in most cases act as the countries of origin, may not always be able to go against some international policies that dictate their social spending. However, they must also practice their sovereignty and implement policies that protect their subjects from abuse of their rights, discrimination, armed conflict and abject poverty. Since these conditions have been shown to create vulnerability, policies that ensure they do not arise or go on for extended periods are critically significant. On their part, the developed countries, which usually act as the destination countries, must implement stricter border control policies and punitive measure for those convicted of the crimes. More importantly, they must formulate international policies that do not compel the countries of origin to promote vulnerability. Concluding Remarks Human trafficking has basically been defined as transporting or receiving and holding humans either forcefully or by their initial consent for the purpose of exploitation. The problem has also been shown to be a global one but certain circumstances place developing countries at heightened disadvantages. With acknowledgement that the problem already exists, this research proposal is of the idea that the root causes that create vulnerable populations must be addressed as the first step towards eliminating it. Although a myriad of causal factors are cited by literature on the subject, government policies and practices, economic situations and consequences of natural disasters and emergencies have been shown to have the most immediate implications on the problem. However, government policies have further been shown to dictate the presence of the other, and women, children and marginalized minorities being the most notable casualties. Research on how the matter may be approached has been proposed to use literature review and interview different groups and units of analysis in order to collect and analyze data that can be used to develop strategies against the problem. References Andrijasevic, R. (2010). Migration, agency and citizenship in sex trafficking. New York: Macmillan. Bales, K. (2009). International labor standards: Quality of information and measures of progress in combating forced labor. Comparative Labor Law and Policy Journal, 34(2), 321-364. Brennan, D. (2009). Competing claims of victimhood? Foreign and domestic ‘victims’ of trafficking in the US. Sexuality research and social policy, 5(4), 45-61. Blackmon, D. (2008). Slavery by another name. New York: Doubleday. Doezema, J. (2010). Sex slaves and discourse masters: The construction of trafficking. London: Zed. Evans, A. (2012). The credibility gap in human trafficking research. Florida: Gulf Coast University Press. Howell, K. (2013). Introduction to the philosophy of ethodology. London: Sage. Kara, S. (2009). Sex trafficking: Inside the business of modern slavery. New York: Columbia University Press. Limoncelli, S. (2010). The politics of trafficking. California: Stanford University Press. Trodd, Z. (2008). To plead our own cause: Personal stories by today’s slaves. New York: Cornell University Press. Maxfield, M.G., & Babbie, E. (2011). Basics of research methods for criminal justice and criminology (3rd ed). California: Cengage US Attorney General’s Office. (2009). Report to Congress on US activities to combat trafficking in persons. Washington, DC: Author. US Department of State. (2011). Trafficking in persons report. Washington, DC: Author. Read More