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6 - The 2000 UN Human Trafficking Protocol: rights, enforcement, vulnerabilities

Published online by Cambridge University Press:  29 March 2011

Kay Warren
Affiliation:
Brown University
Mark Goodale
Affiliation:
George Mason University, Virginia
Sally Engle Merry
Affiliation:
New York University
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Summary

“What are the consequences of the invisibility of many types of violence?” asks Balakrishnan Rajagopal in his critique of human rights discourse and state power (2003: 186). He observes that unrecognized violence is, by default, allowed to continue unchallenged; in that sense it is “authorized.” This chapter looks at attempts by the international community to name and combat human trafficking as a form of transnational violence invisible to many until recently but, in the mind of some, surging out of control. Responding to Rajagopal in this context leads me to pose an alternative set of questions: “What are the political dynamics of making violence visible, the consequences of naming and circumscribing human trafficking through a new round of international norms? How does this trajectory of international law become problematic for activists who claim that the wrong kinds of violence may be targeted by these norms?

To address these issues, this chapter examines the UN anti-trafficking protocol as a living document whose final language is consulted by parties around the globe who may know little about its genesis. In the genealogy of human trafficking as an urgent problem that requires international attention, the 2000 UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children has played the formative role as the generator of international norms.

In the genealogy of human trafficking as an urgent problem that needed to be addressed, the 2000 UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children played the formative role as the generator of international norms.

Type
Chapter
Information
The Practice of Human Rights
Tracking Law between the Global and the Local
, pp. 242 - 270
Publisher: Cambridge University Press
Print publication year: 2007

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References

Anderson, Bridget, and Davidson, Julia O' Connell. 2002. Trafficking – A Demand Led Problem?: A Multi-Country Pilot Study. Stockholm: Save the Children.Google Scholar
Barry, Kathleen. 1979. Female Sexual Slavery. New York and London: New York University Press.Google Scholar
Barry, Kathleen. 1995. The Prostitution of Sexuality. New York and London: New York University Press.Google Scholar
Bhabha, Jacqueline. 2005. “Trafficking, Smuggling, and Human Rights.” Migration Information Source. March 1: pp. 1–6. Available on-line at www.migrationinformation.org
Buss, Doris, Fletcher, Ruth, Monk, Daniel, Monro, Surya, and Phillips, Oliver. 2005. “Introduction to ‘Sexual Movements and Gendered Boundaries: Legal Negotiations of the Global and the Local.’” Social and Legal Studies 14(1): 5–15.CrossRefGoogle Scholar
Ditmore, Melissa, and Wijers, Warjan. 2003. “The Negotiations on the UN Protocol on Trafficking in Persons.” Nemesis 4: 79–88.Google Scholar
Doezema, Jo. 2002. “Who Gets of Choose?: Coercion, Consent, and the UN Trafficking Protocol.” Gender and Development 10(1): 20–27.CrossRefGoogle Scholar
Doezema, Jo. 2005. “Now You See Her, Now You Don't: Sex Workers at the UN Trafficking Protocol Negotiations.” Social and Legal Studies 14(1): 61–89.CrossRefGoogle Scholar
Ekberg, Gunilla. 2004. “The Swedish Law that Prohibits the Purchase of Sexual Services.” Violence against Women, 10(10): 1187–1218.CrossRefGoogle Scholar
Farley, Melissa. 2000. Prostitution, Trafficking and Traumatic Stress. New York: Haworth Press.Google Scholar
Human Rights Caucus. 2000a. “UN Trafficking Protocol: No Commitment to Protect the Rights of Trafficked Persons.” Press Release. Available at, www.december18.net. Accessed 8 February 2007.
Human Rights Caucus. 2000b. “Stop-traffic UN Trafficking Protocol: Lost Opportunity to Protect the Rights of Trafficked Persons.” October 23. Available at www.friends-partners.org/lists/stop-traffic/1999/1207.html
Jordan, Ann. 2002a. “Human Rights or Wrongs?: The Struggle for a Right-Based Response to Trafficking in Human Beings.” Gender and Development 10(1): 28–37.CrossRefGoogle Scholar
Jordan, Ann. 2002b. “The Annotated Guide to the Complete UN Trafficking Protocol,” International Human Rights Law Group (IHRLG). Available at www.walnet.org/csis/papers/UN-TRAFFICK.PDF
Kanics, Jyothi, Reiter, Gabriele, and Uhl, Bärbel Heide. 2005. “Trafficking in Human Beings – A Threat under Control? Taking Stock Four years after Major International Efforts Started.” Helsinki Monitor1: 53–67.CrossRefGoogle Scholar
Kempadoo, Kamala, ed. 2005. Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex, Work, and Human Rights. Boulder: Paradigm Press.Google Scholar
Merry, Sally Engle. 2006. Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago: University of Chicago Press.Google Scholar
Munro, Vanessa. 2006. “Stopping Traffic: A Comparative Study of Responses to the Trafficking in Women for Prostitution.” British Journal of Criminology 46: 318–333.CrossRefGoogle Scholar
Nordstrom, Carolyn. 2004. Violence, Power, and International Profiteering at the Twenty-First Century. Berkeley: University of California Press.Google Scholar
Pearson, Elaine. 2001. Human Rights and Trafficking in Persons: A Handbook. Bangkok, Thailand: Global Alliance against Trafficking in Women.Google Scholar
Rajagopal, Balakrishnan. 2003. International Law from Below: Development, Social Movements and Third World Resistance. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Raymond, Janice. 2001. “Guide to the New UN Trafficking Protocol” North Amherst, MA: Coalition Against Trafficking in Women.
Raymond, Janice. 2002. “The New UN Trafficking Protocol.” Women's Studies International Forum, 25 (5): 491–502.CrossRefGoogle Scholar
Raymond, Janice. 2004. “Prostitution on Demand: Legalizing the Buyers as Sexual Consumers.” Violence against Women, 10(10): 1156–1186.CrossRefGoogle Scholar
Sanghera, Jyoti. 2005. “Unpacking the Trafficking Discourse.” In Kempadoo, Kampala, ed., Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex, Work, and Human Rights. Boulder: Paradigm Press, pp. 3–24.Google Scholar
Scott, James. 1998. Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed. New Haven: Yale University Press.Google Scholar
Sullivan, Barbara. 2003. “Trafficking in Women: Feminism and New International LawInternational Feminist Journal of Politics, 5(1): 67–91.CrossRefGoogle Scholar
Taylor, Ian, and Jamieson, Ruth. 1999. “Sex Trafficking and the Mainstream of Market Culture.” Crime, Law and Social Change 32: 257–278.CrossRefGoogle Scholar
United Nations General Assembly. 2000 “UN Convention against Transnational Organized Crime,” “UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,” and “UN Protocol against the Smuggling of Migrants by Land, Sea and Air.” www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/index.htm
United Nations Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime. 1999. “Draft Protocol to Combat International Trafficking in Women and Children Supplementary to the United Nations Convention on Transnational Organized Crime.” Item 4 of the provisional agenda. Proposal Submitted by the United States of America at the First Session January 19–29. V.98–57505 (E). A/AC.254/4/Add.3. New York: United Nations, pp. 1–5.
United Nations Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime. 1999. “Consideration of the Additional International Legal Instruments against Trafficking in Women and Children.” Item 5 of the provision agenda. Submitted by Argentina at the First Session January 19–29. V.98–80243 (E). A/AC.254/8. New York: United Nations, pp. 1–5.
United Nations Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime. 1999 “Revised draft Protocol to Prevent, Suppress and Punish Trafficking in Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime.” Item 4 of the prvision agenda. Proposal submitted by Argentina and the United States at the Second Session. March 8–12. v.99–81266 (E) A/AC.254/4/Add.3/Rev. 1. New York: United Nations, pp. 1–10.

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