Assignment title: Critically explore the impact of
globalisation on victimisation with specific focus on human trafficking, in Pakistan
with reference to feminist and criminological literature.

Introduction

For
many years sociologists have described globalization as culturally an on-going
process of interconnected changes of the economic, cultural, social, and
political scopes within society, that involve the increasing integration,
norms, ideas, values and ways of life amongst nations, regions, communities around
the globe (Vesajoki, 2002). However as this
process is not consistent throughout the world it often leads to conflict and disintegration (Cole, 2017). Globalization in an
economical perspective is also referred to as the expansion of capitalism,
which ties all places around the globe into one economic system; nonetheless
politically, globalisation is referred to as the development of forms of
governance that operate at a global scale which is driven by the technological
development, the global integration of communication technologies and the
global distribution of the media where policies and cooperative nations are
expected to abide (International Monetary Fund, 2008). Focusing on the
particular issue of human trafficking in Pakistan this essay will analyse the
impact of globalisation from both a feminist and criminological perspective.
From a feminist viewpoint it will argue that
globalisation has had a huge negative impact, increasing the scale of the
problem especially regarding women and children – the principle victims of
trafficking – in the face of government complicity and indifference. From a
criminological perspective it will argue that for the same reasons identified
by feminists, changes to the law in Pakistan have not kept pace with the changing
nature of the problem.

This essay will begin by defining globalisation and human trafficking; it will then go on to explain human trafficking in Pakistan and why and how it takes place, including its history and colonisation. It will also examine what the Pakistani government did to combat human trafficking followed by its Human Rights, its law and protection in tackling human trafficking. A comparison will be made between Pakistan and other European countries and their laws that protect the rights of women, highlighting any salient similarities and differences followed by a summary and a conclusion of results.

Definition of globalisation and human trafficking

Since the 1995, the United Nations Conference on women has stated that globalisation over the years has presented some women with opportunities and left others marginalised, which has left mainstream advocates to protest in order to achieve gender equality (UN Women, 1995). Globalisation is said to affectdifferent groups of people in different places in different ways; in one hand it creates opportunities for people to be forerunners in economic and social process by promoting ideas and norms of equality and awareness in their struggle for equitable rights and opportunities (Chhibber, 2009). Butale (2015) comments that, on the other hand, globalisation can exacerbate gender inequality within and among countries in a patriarchal society, coupled with economic and social failure in parts of Sub-Saharan Africa and countries in transition like those in Eastern Europe. Razavi (2001) adds that the Middle East and the former Soviet Union have experienced similar situations and also points to financial crises in Asia and Latin America. However traditional human trafficking has been described as the abduction or kidnapping workers with the intent to enslave; usually women and girls destined to work in the commercial sex industry (U.S. Department of State, 2005). However over the years recent developments have implemented a much broader definition for human trafficking, which addresses both working conditions and how a person is recruited and treated, considering human trafficking to be one of the most serious of crimes which violate the human rights of those who are exploited where the global value of sex is placed on women and labour placed on men (European Parliment, 2016).

Human trafficking by
contrast involves force, threats and deception and specifically targets
the trafficked person as an object of criminal exploitation for labour or
services. It does not necessarily always involve crossing any borders, as there
are many instances of internal trafficking usually carried out by recruiters,
transporters, those who exercise control over trafficked persons, those who
exploit the transferred persons, those who are involved in related crimes, and
those who get direct or indirect benefits from trafficking activities (Human
Trafficking Foundation, n.d.). Nevertheless
the United Nations stated that “Trafficking suggests the recruitment,
transportation, purchase, sale, transfer, harbouring, or receipt of persons: by
threat, use of violence, abduction, use of
force, fraud, deception, or coercion (including abuse of authority or of a
position of vulnerability), or of the giving or receiving of payments benefits
to achieve the consent of a person having control over another or debt bondage,
for the purpose of exploitation which includes
prostitution or for placing or holding such person, whether for pay or not, in forced labour or slavery-like
practices in a community other than the one in which such person lived at the time of the original act described” (UNODC,
2016 p.14).  

Human trafficking in Pakistan

In
Pakistan, the biggest human trafficking problems are bonded labour and
prostitution and in some cases trafficking of organs, which involves people of
any gender or age, but predominantly those trafficked are women and children as
the global value placed on women is sex and sexuality and for men it is
considered as labour (Rahman,
2011). Those targeted for human trafficking are mainly situated
in the Sindh and Punjab provinces which also include those from Balochistan and
Khyber Pakhtunkhwa provinces, with over one million people victimised, with
figures so high it is impossible to determine the number of people caught up in
the net of trafficking(U.S.
Department of State, 2016). Unfortunately these cases are
often reffered to as “hidden crime” as victims rarely come forward to seek help
because of language barriers, fear of he traffickers, and/or fear of law
enforcement. Traffickers will often groom their victims In return for their
trust and loyalty, which often leads to the targeting of victims, gaining their
trust, filling a need, isolating them, and sexualizing the relationship they
have and finally maintaining control (Lake,
2015).In the most serious of
cases victims of human trafficking are kidnapped by their traffickers and often
abused, blackmailed and imprisoned privately if they speak out publicly (Belser
et al., 2018). The U.S. Department of State Office to monitor and combat
trafficking in Persons report stated that Pakistan was in the Tier 2 Watch-list
in 2017 which indicates that although the government of Pakistan does not fully
meet the minimum standards for the elimination of trafficking, it is making
significant efforts to do so (Rosen,
2017).  It is indicated
that those who enter forced labour in Pakistan are usually from Afghanistan,
Bangladesh, and Sri Lanka, and where women and girls are used for sex
trafficking often come from Afghanistan, China, Russia, Nepal, Iran,
Bangladesh, Uzbekistan, and Azerbaijan, it is also indicated that refugees from
Afghanistan, Bangladesh, and Burma, as well as religious and ethnic minorities
such as Christians and Hazaras, mostly women and children and is both cross
border and internal (U.S.
Department of State, 2016).  However the government of Pakistan approved
its national strategic framework against trafficking in persons and human
smuggling, and reported that there was a rise in the number of shelters that
were provided to victims of human trafficking between the years 2014 to 2015,
however while a small number of the total victims identified were given
shelter, it is unclear what other rehabilitation services victims were
provided, especially male victims. Alleged traffickers accessed women in some
of the shelters and forced them into prostitution (UNODC,
2013).  

Why and how does trafficking take place?

Globalization is tied to momentous political changes of the
present era such as the rise of identity politics, transnational civil society,
and new forms of governance and universalization of human rights but it must be
acknowledged that human trafficking and any form of slavery are not just
outcomes of globalisation but they are a part and the process of globalisation
which involves a
functional integration of dispersed economic activities which involves brick
kilns, carpet-making, agriculture, fishing, mining, leather tanning, and
production of glass bangles(Webster,
2018).  In Pakistan women are the most
vulnerable to the trafficking phenomenon, which is associated with poverty,
gender discrimination, lack of education, and ignorance towards legal and human
rights (umaircnn,
2017). Malala Yousafzai, an activist for female equality in
education and Nobel Prize winner, said at the World Economic Forum at Davos in
Switzerland “it is crucial to educate young boys about women’s rights. “When we
talk about feminism and women’s rights, we are talking to men. We have to teach
young boys how to be men.” Asked about powerful men such as United States
President Donald Trump, the Nobel laureate said she was disappointed to see
people in high positions talking about women in unequal terms” (The
Economic Times, 2018).

A
study conducted by the US AID in 2012 affirmed that “ It is hard to ascertain
the location of internal trafficking however, it is clear that it exists in
some form or another in all districts across Pakistan, for example, in the
Punjabi districts and central districts of Gujranwala, Gujrat, Sialkot and
Mandhi Bahauddin, including provinces like Chitral, Balochistan, the border of
Pakistan and coastal districts which are mostly affected by human trafficking” (U.S.
AID, 2012) . It is also considered that although specific locations in
Pakistan are more prone to trafficking, children and young girls are also often
victimised due to their age and youth as they are thought to be more vulnerable
and easier to manipulate and control due to the lack of power they have over
their traffickers (U.S.
Department of State, 2016). This tells us that the age, gender
and the class/cast of female victims plays an important role and is a major factor
for traffickers who plan to pray on their victims especially those who lack
security and opportunity with the aim to coerce or deceive them to gain
control, and then profit from their compelled service.

History and colonialism of Pakistan

As
studies indicate that poverty is one of the prime determinants of human trafficking
it demonstrates that it is closely linked to globalisation ever since Pakistan
was first colonized by the British Empire in 1791–1804 and became an independent country on 14 August 1947 with
Muhammad Ali Jinnah as the first head of government. Fighting continued between
Hindus and Muslims despite the partition. Hindus and Sikhs fled to India, while Muslims departed for
Pakistan where they had adopted the Islamic republic state, which
operated and still operates today under a mixed economy between socialism and
capitalism. Khushi Sabharwal (2015, Para. 4) stated, “The latest 2015 population is
182.6 million. The GDP is £575.0 billion; there is 3.6% growth 2.9% 5- year
compound annual growth, £3,149 per capita. 5.2% people are unemployed, the
inflation (CPI) is 7.4%, FDI inflow 1.3 billion”. This indicates that the
country is still under a financial crisis and its provinces are underdeveloped
with R.S. 52,941 debt which is on the shoulders of each and every Pakistani,
where total external and internal debt today is R.S Nine trillion, whereas in
the mid-nineties, the same figure was R.S. 30,000 which was to be borne by each
Pakistani citizen (Sabharwal,
2015). This demonstrates that as a result of Pakistan’s
colonization the country instigates poverty and for the purpose of economic
gains, which in turn leads to the human trafficking and sexual exploitation of
innocent people, mainly involving women and children (Alaleeli,
2015). Furthermore, poverty deprives these women of resources,
which further aggravates the issue as it encompasses various dimensions which
include lack of access to basic services, insecurity in daily life,
disempowerment as human agency, and the inability to speak out with dignity (umaircnn,
2017) Consequently as a result, the poor parents are forced to
sell their daughters into domestic servitude, prostitution, or forced marriages
as there is no police protection or support offered by the criminal justice
system that protects the human rights of women and girls in Pakistan (Khowaja,
2012). Thus with this in mind, the
process of globalisation must be reshaped so that it is more people-centred
instead of profit-centred and more accountable to women, especially in the
developing world, as this can lead to a further marginalisation of women in the
informal labour sector in the economic realm in the global south, which in turn
can lead to the hardship, disproportionality in rights for women and the loss
of traditional sources of income (World
Bank, 2011).

What the government of Pakistan did to combat human trafficking

The
national government of Pakistan Punjab and Khyber Pakhtunkhwa provinces
approved the legislation that covers human trafficking, and some of its
provinces investigated, prosecuted and convicted several traffickers;
nonetheless despite these measures that were put in place, the government did
not comply or demonstrate total anti-trafficking efforts compared to the
previous reporting period and consequently Pakistan was placed on the Tier 2
Watch List for the third consecutive year (U.S.
Department of State, 2016a). Nevertheless the U.S. Department of State, (2016, para. 6) stated that
“While the government continued to investigate, prosecute and convict
traffickers, the overall number of convictions was inadequate, especially for
labour trafficking, and law enforcement continued to conflate human trafficking
and migrant smuggling. The same report accused the government of showing a lack
of political will and insufficient capacity to address the problem, citing
ineffective enforcement, mistreatment of trafficked victims and weak efforts in
preventing trafficking and in addition accusing the government of persistent
complicity in human trafficking (U.S.
Department of State, 2013). Despite bonded labour being the
largest trafficking problem in Pakistan the government only reported seven
convictions for bonded labour in 2015”. This indicates that the government of
Pakistan did not penalize or ban all forms of human trafficking and instead
suggested that traffickers that force labour should be fined, however this
signifies that fines alone are not enough to penalise and deter such crime,
thus trafficking crimes remained a serious problem yet the government reported
no investigations, prosecutions, or convictions of complicit officials.
Government protection efforts were weak .  
With this in mind it is clear that the polices and practices that were
put in place were in-fact inappropriate and ineffective because without a
governmental proposition in place, human trafficking will continue to grow. The
Human Rights Watch (2000, para.10 ) affirmed “By making the victims of
trafficking the target of law enforcement efforts, governments only exacerbate
victims’ vulnerability to abuse and deter them from turning to law enforcement
officials for assistance. By allowing traffickers to engage in slavery-like
practices without penalty, governments allow the abuses to continue with
impunity”.

Human rights in Pakistan

The
Amnesty International has been concerned about the on-going pattern of human
rights violations that occur in Pakistan; its subjective detention, torture,
forced disappearances, deaths in custody and extrajudicial executions are
widespread (Amnesty
International, 2017). The Pakistani government’s
strategic plan to protect the human rights of individuals has failed tremendously,
primarily involving women and children as well as religious minorities with no
regulations in place to safeguard victims from violence and other criminal acts
that they are exploited by either at home, in the community or while in legal
custody. In addition, the government fails to ensure legal compensation after
violations that have transpired and still continues to enforce the death
penalty on those who are convicted (Zia
and Butt, 2012).

The
life of a woman is always challenged in patriarchal societies like Pakistan; these
challenges increase when women are out of their home (Tarar
and Pulla, 2014). Trafficking and sexual
exploitation of women, young girls and children is on the rise with traffickers
in Pakistan often recruiting and transporting victims from countries like Afghanistan,
Bangladesh, Burma, Nigeria, Somalia and even from its own country (National
Crime Agency, 2014). Victims from Pakistan are often escorted
to places like Australia, Europe, Turkey and South Africa by bribing public
officials, facilitating the transportation, gathering information, receiving
victims at the destination and exploiting them, physically beating, sexually
assaulting, psychologically traumatising, and economically depriving them to create
a reliance on themselves as traffickers (Human
Rights Watch Avenue, 2000). As a result of the abuse women and
girls go through, they develop major health concerns which is never addressed
by the government as a health-related problem, they refuse to support those who
are traumatised or have become sick as a result of the crime that was inflicted
on them due to the shrinking job opportunities and the rise in poverty (Ihsan
Qadir, 2015).  

Law and prosecution in Pakistan to tackle human trafficking

Since
2002, legislation titled Prevention and Control of Human Trafficking Ordinance  (PCHTO,
2002) has been in place to address the protection of all victims
of human trafficking and prosecute those who are convicted of such acts. This law
imposes a 10-year imprisonment and a fine on anyone who purchases, sells,
harbours, transports, provides, detains, or obtains a child or a woman through
coercion, kidnapping or abduction, or by giving or receiving any benefit for
trafficking the child or woman into or out of Pakistan for the purpose of
exploitative entertainment. This law states that it protects victims by
providing them with certain benefits like allowing them to extend their stay in
Pakistan; paying compensation and expenses to the victim; or making
arrangements for shelter, food, and medical care of a victim who is an
unaccompanied child or a destitute woman.

 Nonetheless despite all these efforts,
including the prosecution of some trafficking offences, the government has not
shown evidence of progress in addressing such a serious issue as victims once
captured by the authorities are re-victimised by the judicial processes, many
of them being officially detained with underlying offences related to their
trafficking, such as prostitution and violation of immigration rules (Asian
Legal Resource Centre, 2016).

The
Trafficking in persons report 2014 (TIP) states that “The government does not
prohibit and penalize all forms of trafficking and as a result the combination
of corruption and reduction of approximately 25 % of staff severely reduced
Federal Investigation Agency’s (FIA) capacity to combat trafficking. “Moreover,
the false job offers especially for girls and women in United Arab Emirates and
high recruitment fee charged by illegal labour agents or sub-agents of licensed
Pakistani overseas employment promoters entrap Pakistanis into sex trafficking
and bonded labour” (U.S.
Department of State, 2014).  The government also reported on
investigations, prosecutions, and convictions under the penal code by province
(see figure 1), nonetheless statistical data from Balochistan was not reported
and the total number of trafficking cases or traffickers was unclear, Additionally,
several sections of the penal code relevant to trafficking also include other
crimes, and it is unknown if the crimes were disaggregated for reporting. The
government officials continued to conflate human trafficking and migrant
smuggling, however it is difficult to determine whether the reported statistics
may have been conflating the two crimes, as indicated in the report for PACHTO,
which criminalizes both trafficking and smuggling.  

Figure
1 demonstrates that while some effort was made in some regions to combat human
trafficking it did not result in significant numbers of convictions. Of the
investigations for abduction and illicit intercourse, it is unclear how many of
these were related to sex trafficking. The bonded labour investigations were the
only reported law enforcements from the government, although reports existed of
widespread exploitation by land owners of bonded labourers (U.S.
Department of State, 2016b).

Nonetheless the government also
reported that they had investigated 158 suspected traffickers and prosecuted 59
of them and convicted only 13 in 2015 under the prevention and control of human
trafficking ordinance 2002 (PACHTO), compared with 70 investigations and 50
prosecutions and 17 convictions in 2014; conversely the government did not
report sentences for convictions made in 2015 compared to those which resulted
in fines in 2014. However in March 2016 the government made efforts to reduce
the demand for commercial sex acts by making arrests in brothels both on those
employed and their employees including victims of sex trafficking. The government
established that they did not put measures in place with the effort to reduce
the demand for forced labour (U.S.
Department of State, 2016b). This suggests that the government
is fully aware of the on-going problems of human trafficking in Pakistan, and
while the prime responsibility in eliminating human trafficking rests with government,
they have chosen to turn a blind eye to the situation and in some cases gain
from it through corrupt practices, Many human traffickers are backed by
influential landlords and politicians and often collude with government
officials to hide the crime (Aronowitz,
et al., 2010). 

Europeans laws that protect women and fight against human trafficking

Human trafficking and the sexual exploitation of victims including
forced labour takes place almost everywhere in the world. It is a crime that
has been an on going issue for many decades which takes place in virtually all continents
whether as a country of origin,
transit or destination for victims including those
who are from a wealthy first world country such as the United Kingdom and the
United States of America (International Labour Organization, 2012). The European Union has developed a comprehensive strategy to
help eliminate human trafficking by implementing legislation to outlaw human
trafficking, helping to formulate policy documents, to fund programs and
organisations and establish the office of the European Anti-trafficking Coordinator
(European Comission, 2018).  The main priority of the
European Union’s (EU) policy is to stop human trafficking by providing training
for officials and EU Members to help identify victims or potential victims of human
trafficking by supporting and putting measures in place to protect them through
the use of funding to various projects which deal with the issue of identification of victims of
trafficking by outlining a number of measures to EU institutions, Member
states, international organisations, third world countries and the private
sector (United
Nations, 2017). Similarly a policy conducted by the EU to combat human
trafficking between 2012-2016 is detailed in a document titled EU
Strategy Towards the Eradication of Trafficking in Human Beings which places a
huge emphasis on its priority to prevent, safeguard and protect victims of
human trafficking (European
Comission, 2012). The strategy document urges the Member States to ensure
that all measures are in place to permit early victim identification in order
to provide protection and assistance, to maintain the prevention of human
trafficking, to establish National Multidisciplinary Law Enforcement Units that
could be used as contact points with EU agencies. These include Eurojust and
Europol, to involve a number of authorities in policy making decisions in the
criminal justice system such as police officers, border guards, immigration and
asylum officials, public prosecutors, lawyers, members of the judiciary
including welfare team experts in housing, labour, health, social, and civil
society organizations and finally creating operational National Referral
Mechanisms (NRMs)  by raising awareness
to better describe procedures to identify, refer, protect, and assist victims
of human trafficking (Papademetriou,
2016). The EU has also a system in place that grants victims of
trafficking with certain rights under the United Nations Trafficking protocol
2003 which ensures member states that victims of human trafficking have access
to legal counselling and representation free of charge if they cannot afford
it, including the access to witness protection programs and other similar
measures that are in compliance with national law that supports adults and
children who have been targeted and used for trafficking purposes (European
Union, 2011).  

It
is clear that all governments hold a unique position in the fight against human
trafficking and have the responsibility for punishing criminals, protecting
victims, and preventing trafficking crimes and should review policies to ensure
the fight against complicity is effective and root out corruption that often
allows modern slavery to thrive. Governments should stop such complicity and
look within their own ranks to hold offending officials criminally accountable
as each government bears that unique responsibility in the fight against modern
slavery and must rise to this challenge (U.S.
Department of State, 2016b)

Conclusion

In conclusion the trafficking of women and young girls in
Pakistan is extremely concerning where economic deprivation, gender
discrimination, inequality in education, and the ignorance about legal rights
are the contributing factors. As a result, these victims could undergo various
distressing health outcomes, especially related to reproductive health,
substance abuse etc. As Pakistan is an independent country and is led by its
own government, it is down to the state itself to provide women and girls with
safety and protection against violations of their human rights. Steps to
facilitate healthcare providers in assisting the victims need to be taken hence;
numerous interventions would be required to prevent trafficking, to protect
victims, and to prosecute all perpetrators. A holistic perspective of care
should be provided to health professionals in order to raise awareness, educational
programmes need to be in place in order to protect women from severe health
consequences. Alongside this,
training should be required for legal professionals and judges for awareness
related to trafficking. Illiteracy and unawareness about the law is another
subject of concern. Therefore, facilities for the provision of legal advice and
support to victims should be made available in courts which include issues around
compensation, witness protection and other similar issues that have not been a
part of a protocol should be incorporated into revised versions.

Finally it can be
argued that the global community should have the responsibility to bring in
regulations that are more focused on the protection and safety of women by
incorporating a mutually agreed legal framework to safeguard women and young
girls by ensuring that they are not subjected to criminal proceedings as a
result of the act that was imposed on them and prosecuted for their illegal
entry to the country. Thus without a comprehensive approach in tackling human
trafficking and other types of organised crime, the government will not be able
to attain significant progress by curbing this phenomenon and the global
industry of human trafficking will still continue to grow causing many
fatalities in women and girls over time. 

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