"Not our problem": Russia's resistance to joining the Convention on Action Against Trafficking in Human Beings.

AuthorDietel, Clara A.
  1. INTRODUCTION

    Maryam, a 17-year-old girl from Kazakhstan, dreamed of a better future. (1) She thought she had found such a future when a man offered her parents $300 and a forged passport in exchange for her promise to move to Russia and work in a small shop. (2) Instead, when she arrived she found that the shop was actually "a locked cell with barred windows and a metal door," and she was "told she would be a prostitute." (3) At first Maryam refused, but after five days of being beaten, raped, and starved, she relented. (4) Maryam's story is not unique; the U.S. government estimates that women and children make up the majority of the approximately 800,000 people trafficked internationally every year for sexual exploitation. (5) In 2005, the Council of Europe wrote the Convention on Action Against Trafficking in Human Beings (Trafficking Convention) to combat human trafficking. (6) Russia, one of the largest suppliers in the human trafficking trade, has not signed or ratified the Convention. (7)

    This Note explores the Trafficking Convention's approach to preventing human trafficking and Russia's decision not to sign it. (8) First, this Note will consider the history of human trafficking in Russia and throughout the world. (9) Next, it will examine the context in which the Council of Europe drafted the Trafficking Convention and outline previous attempts to solve the human trafficking problem. (10) The Note will then analyze Russia's options for addressing the issue of human trafficking. (11) Finally, this Note will propose that Russia must sign the Trafficking Convention to effectively prevent and combat human trafficking. (12)

  2. HISTORICAL OVERVIEW OF HUMAN TRAFFICKING

    1. The Sex Trade in Europe and Throughout the World

      The phrase "human trafficking" covers a broad range of activities, from the commercial sex trade to forced labor. (13) Several factors have contributed to the increase in human trafficking throughout Europe, including the collapse of the Soviet empire and the free movement between EU countries following the Schengen Agreement. (14) To help stem the flow of traffickers into the EU, some countries have begun to improve border controls and strengthen visa regulations. (15) Traffickers are adept, however, at finding legal loopholes to gain entry to the EU. (16)

      Human trafficking is driven in large part by a difference in wages between developed and developing countries. (17) As with any market, the market in human trafficking includes elements of supply and demand. (18) The recent political and economic instability of Eastern Europe and Central Asia has created a pool of potential victims searching for a better life, while the desire for illegal sex workers in the West has contributed to the continued demand for human trafficking. (19) Although some women volunteer, most are forced to go abroad in hopes of earning enough to support their families at home. (20)

      Human trafficking is a very lucrative business. (21) The profits it generates are second only to those of the drug trade, and it is less dangerous than dealing in drugs and weapons. (22) Like the international drug trade, criminal organizations run the sex trade through powerful multi-national networks. (23)

      There are three types of countries on any trafficking route: origin, transit, and destination. (24) Countries of origin are typically Eastern European, where local people manage the recruitment process. (25) Transit countries are those where the traffickers hand the victims off to a third party to be taken to the final destination. (26) The routes that traffickers use are fairly common and well known to those in the business. (27) They transport their victims via "planes, cars, trains, boats and motorboats," or a combination of any of these. (28)

    2. The Sex Trade in Russia

      The sex trade is booming in Russia more so than in other countries. (29) While Russia has a long history as a country of origin for human trafficking, it has recently become a destination country as well. (30) Moscow and St. Petersburg are desirable destinations because they are home to Russia's strongest economies. (31)

      Traffickers in Russia often prey on the most vulnerable populations, such as orphans and young women. (32) They are adept at using people's dreams to lure them abroad through phony recruitment schemes. (33) Young women, who are eager to work abroad, are particularly prone to trafficking schemes because visa restrictions make working abroad legally a virtual impossibility for most. (34) Forced to find visas in other ways, young women often resort to buying them from "so-called 'employment' services." (35) Once they arrive abroad, the women's documents are confiscated, and they are left with no connection to the outside world. (36)

      There is a belief among Russian law enforcement that trafficking is not a Russian problem because trafficking victims often leave voluntarily looking for a better life abroad. (37) Law enforcement officials believe they can only prosecute the fraud that occurred within Russia's borders. (38) In addition, organized crime has infiltrated the Russian government and provides cover for trafficking operations. (39) These criminal gangs use bribery and other tactics to minimize law enforcement efforts. (40)

      For the fifth consecutive year, the U.S. Department of State has placed Russia on its Tier 2 Watch List for its continued failure "to show evidence of increasing efforts to combat trafficking." (41) Russia has struggled most with identifying and assisting victims in its anti-trafficking efforts. (42) Although the government has failed to fully comply with minimum standards for eliminating trafficking, the United States recognizes that Russia is making progress. (43) Recently, the government was forced to pay more attention to the issue after several important Russian officials spoke out, deriding Russia's anti-trafficking laws as insufficient to solve the problem. (44)

    3. Other Countries as Examples of How to Address the Problem

      Concrete gains in the fight against human trafficking result when governments collaborate with non-government organizations (NGOs). (45) Bosnia and Herzegovina, which ratified the Trafficking Convention on January 11, 2008, serve as a good example. (46) Much of Bosnia and Herzegovina's success in making strides against human trafficking has been attributed to the work of Vasa Prava, an NGO providing free legal assistance to victims of human trafficking. (47) The U.S. Department of State has recognized Vasa Prava for its work as an intermediary between victims and government, which has helped to strengthen the rule of law in Bosnia and Herzegovina. (48) Germany is another example of a signatory country that uses NGOs to help fight human trafficking. (49) The German NGO Terres des Femmes provides information to people about the dangers of trafficking and trains them to earn a living in their home country. (50)

      In addition to the work of NGOs, the German government has taken steps to combat trafficking by limiting the number of visas issued to Russian citizens, with the goal of limiting Russian tourism to Germany. (51) During the 2006 World Cup, Germany also developed strategies to "prevent and investigate sex trafficking during the games" that can "serve as an effective model for future, large-scale international sporting events." (52) The government of the Kyrgyz Republic also directs its embassies and consulates abroad to work with NGOs and law enforcement agencies to assist Kyrgyz citizens who may have been exploited and wish to return home. (53) Similarly, Tajikistan, which has not entered into any bilateral anti-trafficking treaties, cooperates with "authorities in transit and destination countries" on a "case-by-case basis" to monitor the condition of Tajik nationals abroad. (54)

  3. THE DEVELOPMENT OF THE TRAFFICKING CONVENTION BY THE COUNCIL OF EUROPE

    1. History of the Council of Europe

      The Council of Europe, established in 1949, is an intergovernmental political organization. (55) It comprises forty-seven European member states, five observer nations, and serves 800 million people. (56) The purpose of the Council of Europe is to develop common and democratic principles throughout Europe, "based on the European Convention on Human Rights" and other instruments for the protection of individuals. (57) As set forth in the Statute of the Council of Europe, the Council's aim is to "achieve a greater unity between its members." (58)

    2. Previous Attempts to Diminish Sex Trade by the Council of Europe

      The Council of Europe has continuously fought against human trafficking since the late 1980s. (59) In 1991, the Council of Europe Committee of Ministers adopted the first international instrument dealing comprehensively with issues of sexual exploitation, pornography and prostitution, and trafficking in children and young adults. (60) Between 1992 and 1993, the Council of Europe "identified the most urgent areas of action," which were included in a plan for action against trafficking in women. (61)

      By the October 1997 Strasbourg Summit, the Council of Europe Heads of State and Government were concerned about trafficking. (62) After the Summit, the Council of Europe organized seminars to raise awareness and action on this issue, and encouraged member states to create national plans against trafficking. (63) After these awareness-raising activities, the Council of Europe produced two legal instruments that dealt with trafficking in human beings for sexual exploitation. (64)

    3. Development of the Trafficking Convention

      In 2000, the Council of Europe took the first step toward writing the Trafficking Convention by recommending to the Committee of Ministers that the member States adopt legislative reforms and raise awareness to prevent trafficking of persons for sexual exploitation. (65) In April 2003, the Committee of Ministers established the Ad Hoc Committee on Action Against Trafficking in Human...

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