Human Trafficking Around the World (23 page)

In addition to the vulnerabilities of Iraqi refugees within Syria, the social upheaval and deteriorating conditions in Iraq have put Iraqi women who remain in Iraq at risk for human trafficking (IRIN, 2008). As its neighbor, Syria is a common destination. Hana Ibrahim, founder of the Iraqi women’s group Women’s Will, estimated in 2007 that 50,000 Iraqi women and girls were in prostitution in Syria (Hassan, 2007). “It is not possible to say how big the trafficking problem from Iraq to Syria is, but we know it does exist,” Ann Maymann, protection officer for UNHCR Syria, told IRIN. “It is something that has been kept quiet because people are afraid to talk about it” (IRIN, 2006). In 2003 an 11-year-old Iraqi girl was forced to marry her cousin and was then sold to traffickers; she was forced to dance in private homes and nightclubs in Syria. Four years later she was pregnant, imprisoned on charges of prostitution, and was to be deported back to Iraq before the UNHCR intervened (IRIN, 2008).

TRAFFICKING ABROAD, CHILD SEX TOURISM, SYRIA AS A TRANSIT NATION, AND TRAFFICKING WITHIN SYRIA

Syrian citizens are trafficked abroad for sex and forced labor. For instance, Syrian women are trafficked for commercial sexual exploitation to Lebanon. Other Syrian women voluntarily go to Lebanon using “artiste” visas to work in cabarets and nightclubs but end up having their passports withheld and their movements restricted. Some are forced into prostitution and face threats and physical abuse. Also, men and women from Syria voluntarily find employment in Qatar as domestic servants and laborers, but some face involuntary servitude and debt bondage: pay is withheld; movements are restricted; travel documents, passports, and exit permits are withheld; and they are forced to perform a different job than originally agreed. Additionally, some face threats of legal action, threats of arbitrary detention and deportation, false charges, and sexual and/or physical abuse (U.S. Department of State, 2008).

Syria is a source nation for organ trafficking to other nations. It is difficult to ascertain exact numbers for this form of human trafficking, but in 2010, 11 traffickers were arrested for trafficking organs from Syria to Egypt. Part of a larger syndicate, the traffickers bought and sold kidneys harvested from more than 150 persons from Aleppo’s slums in 2009. The Syrian donor-victims were sent to Cairo, where their kidneys were sold to patients from Saudi Arabia and the United Arab Emirates (AFP, 2010; Rashwan, 2010; Al-Masry Al-Youm, 2010). The newspaper
Al-Masry Al-Youm
reports that while kidneys on the Cairo black market can cost as much as $15,000, donors do not typically receive more than $2,500. The majority of the payment goes to participating hospitals, laboratories, and middlemen (Al-Masry Al-Youm, 2010).

Syria is a growing child sex-tourism destination. Tourists are mostly from the Middle East, primarily from Saudi Arabia and Kuwait. Syria is also a transit country for human trafficking. East Africans, Iraqi women and girls, and Southeast Asians are trafficked through Syria to Europe, Kuwait, Lebanon, Saudi Arabia, and the United Arab Emirates for forced prostitution. An unknown number of Syrian citizens are also trafficked within Syria. There is anecdotal evidence of the trafficking of children within Syria for forced labor, and there are uncorroborated allegations that children have been used as soldiers by the opposition (U.S. Department of State, 2010, 2012).

WHAT HAPPENS TO VICTIMS AFTER TRAFFICKING

The Syrian government lacks procedures for identifying potential trafficking victims among vulnerable populations. Consequently, victims of trafficking face detainment, punishment, and deportation on charges of prostitution and/or violating immigration laws, such as carrying expired entry papers (IRIN, 2008; U.S. Department of State, 2008, 2010). Under Article 509 of the Criminal Penal Code, prostitution is illegal and is punishable with up to three years’ imprisonment or a fine of up to $115 (IRIN, 2008). Sybella Wilkes of UNHCR Damascus says up to 50 Iraqi women are imprisoned on prostitution charges each week. “Some are professionals but many are forced into it by gangs or family members,” Wilkes said (IRIN, 2008).

Some victims initially arrested for crimes committed in association with their trafficking experience have been identified as trafficking victims and subsequently referred to shelters. In 2008 and 2009 the Syrian government donated building space for two shelters, one in Damascus and one in Aleppo, specifically designed for trafficking victims. The two shelters are operated by local NGOs and offer legal, medical, and psychological counseling services. Approximately 30 female trafficking victims received aid from the Damascus shelter in 2009. The Aleppo shelter opened in January 2010. In 2009 the Ministry of Social Affairs and Labor referred 21 Asian trafficking victims to the Damascus shelter. In 2010 the two shelters offered medical, legal, and psychological counseling services to 160 women and 3 girls. At least 12 cases involved human trafficking, specifically the forced labor or prostitution of Iraqis. Such referrals are performed on an ad hoc basis and are inconsistent. At times NGOs or international organizations have to secure the release of these victims from detention centers (U.S. Department of State, 2010, 2011). Also, Syrian authorities have been known to release imprisoned Iraqi women and minors to their traffickers, and child-trafficking victims of commercial sexual exploitation are not referred to protective services provided by NGOs but instead are sent to juvenile detention facilities (U.S. Department of State, 2008). During 2011 the government did not refer any trafficking victims to the shelters (U.S. Department of State, 2012). Victims are not encouraged to assist in the investigation or prosecution of their traffickers, nor are they provided with a legal alternative to removal to their country of origin. As a result victims are left in a position where they can face retribution from their traffickers (U.S. Department of State, 2010).

WHAT HAPPENS TO TRAFFICKERS

Before the passage of Legislative Decree No. 3, there were laws that could be used to prosecute trafficking-related offenses, but were not. For instance, those who sexually exploit underage children can be prosecuted under Article 3 of Law 10 (1961). The law prohibits prostitution of a minor under the age of 16 with penalties ranging from one to seven years’ imprisonment. Also, the General Penal Code imposes a three-year prison term and a fine for exploitation of prostitution by force, fraud, or coercion. The use of false documentation can be prosecuted under Decree 29 of 1970. The decree stipulates that “any foreigner who tries to enter the country with false documents and anyone who aided that person is subject to imprisonment of three months to one year.” Additionally, Prime Ministerial Decision No. 81 of 2006 outlines working-condition guidelines for domestic employees, but penalties for violating the decree are vague and light. The fine for violating the law is $2 or imprisonment for an unstipulated duration (UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 2008; U.S. Department of State, 2008). Lastly, Legislative Decree No. 59 (2004) prohibits illicit trading in human organs and in bacteriological and toxic material. It also prohibits organized prostitution (Syrian Arab Republic, 2004).

Despite the existence of these laws, they have not been enforced against traffickers. Although the 2010 passage and implementation of the comprehensive anti-trafficking law (Legislative Decree No. 3) represents a vast improvement, experts express concern that the anti-trafficking law does not give a clear definition of human trafficking. Thus far there is little information on the success of the decree, and other existing statutes continue to be highly underenforced against traffickers (U.S. Department of State, 2010, 2011). There are no reports of prosecutions against traffickers from 2007 through 2011 (U.S. Department of State, 2008, 2009, 2010, 2011, 2012). Syrian officials did arrest the 11 alleged organ traffickers in October 2010 and asked Interpol to issue an international arrest warrant for the Syrian members of the network living in Cairo (AFP, 2010).

INTERNAL EFFORTS TO DECREASE TRAFFICKING

Legislative Decree No. 3 is a significant step in Syria’s anti-trafficking measures. In 2010 the government began drafting a national plan of action against trafficking, but the current status of the plan is unknown. The government does monitor public- and private-sector industries with surprise inspections to ensure that children under the age of 15 are not employed. The nation has not released statistics on the results of the inspections (U.S. Department of State, 2010, 2012).

Domestic servants are not protected under Syria’s labor laws, but Decree No. 27 of March 2009 and Decree No. 108 of December 2009 provide stricter regulations regarding the recruitment and employment of domestic workers. These decrees allow the Prime Minister’s Office to revoke an agency’s license if it imports domestic workers under the age of 18 or under false pretenses; physically abuses, tortures, or exploits a domestic worker; or fails to repatriate domestic workers at its own expense. The decrees also require that employment contracts be issued by the Ministry of Interior and contain regulations regarding the stipulation of monthly paychecks and other necessities such as food, clothing, medicine, and housing (U.S. Department of State, 2010). While these are positive steps, experts say that enforcement mechanisms are still lacking (HRW, 2011). Enforcement is a universal concern with all new decrees related to this topic. The Ministry of Interior launched a specialized anti-trafficking directorate in June 2010. The agency is charged with investigating cases, training law enforcement, raising public awareness, and cooperating with foreign entities. It is also designated to track and report annually on the government’s anti-trafficking efforts. The agency, which has established a working relationship with the IOM and Interpol, opened an office in Damascus and has hired over 200 personnel. Since the unrest, it is unclear whether the anti-trafficking directorate is fully operational. The number of prosecutions against traffickers appeared to be on the rise (prior to the unrest), though the accuracy of these numbers is debated. The Ministry of Foreign Affairs reports that 45 alleged trafficking cases were prosecuted under the anti-trafficking law in 2010 (11 in Damascus, 20 in the Damascus countryside, 5 in Aleppo, 4 in Hassakeh, 3 in Hama, 1 in Deir al-Zour, and 1 in Edlib). Local observers in Aleppo say that they knew of only 3 investigated cases, instead of the 5 reported by the ministry. The observers state that none of the cases can be effectively prosecuted until a law is adopted that clearly defines victims of human trafficking and provides procedures to implement Legislative Decree No. 3. There were no known prosecutions of or convictions for human trafficking in 2012 (U.S. Department of State, 2010, 2011, 2012).

Syria has recently taken numerous legislative anti-trafficking steps, but it is unknown whether enforcement will actually occur. Both before and since passage of the new decrees, there has been little information on the incidence of arrests, investigations, prosecutions, and sentencing of traffickers and persons who have committed trafficking-related offenses. Existing laws that could have been used in lieu of a comprehensive trafficking law were not. Both socially and within the government, victims are still often perceived as criminals themselves, as is illustrated by the continuing arrest, punishment, and deportation of victims. A positive sign of potential change is that after their arrest some persons have been referred to shelters for human trafficking victims. Syria might show more progress if it created formal procedures for identifying potential victims among vulnerable populations such as migrants, refugees, and children.

In the meantime, the civil unrest is bound to have a continuing adverse impact on the people of Syria. Unrest creates vulnerabilities, such as displacement and economic hardship, that can make people susceptible to a variety of exploitations, including human trafficking. On account of the unrest, forced migration is a large issue affecting Syria. In fact, more than 228,000 Syrians have fled to neighboring countries. As a result Lebanon and Iraq are host to thousands upon thousands of Syrian refugees, more than 40,000 and 15,000, respectively. At 80,000 and 72,000 Syrian refugees, Turkey and Jordan are hosting even more (UN News Centre, 2012; Bulos, 2012). Syrians who remain in Syria face ongoing conflict, particularly those in Aleppo, Damascus, Dara’a, Hama, and Homs. Conflict has a powerful adverse impact on health, as it disrupts access to health care services. Without proper access to health care, children are particularly vulnerable to malnutrition and disease. This is true both for children who remain in Syria and for those living in refugee camps elsewhere (UN News Centre, 2012). Of course, health care is only one hostile effect of civil war—poverty, violence, and social upheaval make Syrians vulnerable to numerous human rights violations, including human trafficking. The scenario for Syrians is not dissimilar to that for the people of Iraq. The current trafficking situation for Iraqis—both those inside the nation and refugees—offers insight into what likely will come next if the situation for Syrians does not improve soon.

PART IV

Conflation

Human smuggling is often conflated with human trafficking, but they are not the same. In Canada, this confusion permeates society and the media, and even politicians use the terms interchangeably. The significance of the error cannot be underscored enough. The act of smuggling involves the procurement, for financial or other material benefit, of the illegal entry of persons into a nation where they are not nationals or residents. This is characterized by a consensual agreement between the customer (the person to be smuggled) and the smuggler that terminates upon arrival at the destination. In contrast, human trafficking involves an act of recruiting, transporting, transferring, harboring, or receiving a person through the use of force, coercion, or other means for the purpose of exploiting them. Of course, the exchange between customer and smuggler is rarely clear-cut. Smugglers often charge exorbitant fees, and the act of smuggling is a dangerous endeavor that can result in death. For example, in some cases the containers used to transport people lack sufficient oxygen, resulting in suffocation. Additionally, smuggled persons are extremely vulnerable to abuse, exploitation, and human trafficking. While smuggling can turn into human trafficking, the distinction is important: not all persons who are smuggled experience human trafficking. Confusing these terms can result in an inadequate response that is not tailored to the specifics of each issue. In the Canadian media, the two terms are often used interchangeably, and smugglers are frequently labeled as human traffickers, furthering the general population’s misunderstanding on the subject. The government also conflates the two, and as a result it has been difficult to determine the extent of human trafficking because statistics often combine both trafficking and smuggling
.