Introduction
You often hear about human trafficking as a modern form of slavery that requires strict border controls and police raids to protect victims. Yet you might wonder why these rescue missions frequently lead to the deportation and criminalization of the very workers they aim to save. Mainstream discourses constantly blur the lines between voluntary migration, sex work, and forced exploitation.
Kamala Kempadoo gathers critical essays to challenge dominant abolitionist and criminal justice paradigms. The book demonstrates how moral panics and state interventions worsen the conditions of migrant laborers and sex workers.
You will explore four distinct areas throughout the volume:
- Shifting paradigms in global trafficking discourse
- Myths and realities of sex work and migration
- Flaws in prevention and rescue interventions
- Labor rights and grassroots alternatives
1. Shifting Paradigms in Trafficking Discourse
Global debates on human trafficking are shaped by competing ideological frameworks. When you examine anti-trafficking policy, you encounter distinct paradigms that interpret migration and labor through entirely different lenses.
Global debates and activities surrounding human trafficking are dominated by three distinct frameworks: abolitionism, criminal justice, and transnational feminism.
Kamala Kempadoo, Jyoti Sanghera, and Bandana Pattanaik edit Trafficking and Prostitution Reconsidered. The second edition was published by Paradigm Publishers in 2012 and by Routledge in 2016. Kamala Kempadoo provides twenty-first-century perspectives on human trafficking in the introductory chapter.
You can categorize these competing approaches into three main pillars:
- The abolitionist framework views prostitution as inherently violent and calls for its total eradication.
- The criminal justice approach, highlighted by the 2000 UN Protocol, treats trafficking as a transnational organized crime akin to drug and weapon smuggling.
- The transnational feminist and sex workers' rights approach foregrounds labor migration, agency, and the socio-economic conditions driving poor women from the global South.
Historical Roots of Moral Panics
Contemporary anti-trafficking discourses are rooted in nineteenth- and early twentieth-century moral panics over cross-border female migration and the so-called white slave trade. Early Western European and North American campaigns linked the international mobility of poor and working-class women to moral decay and the degradation of feminine sexuality. This racialized social panic resulted in restrictive immigration laws and police crackdowns that targeted women from Asia and the global South under the guise of protecting white women.
The United States passed the Page Act of 1875 to forbid the entry of Asian contract laborers, prostitutes, and women from oriental countries under the pretext of preventing moral corruption. The 1904 International Agreement for the Suppression of the White Slave Traffic further institutionalized these controls.
2. Myths and Realities of Sex Work and Migration
Mainstream anti-trafficking policies conflate voluntary migration and consensual sex work with human trafficking, relying on unverified assumptions rather than empirical evidence.
You encounter a dominant discourse of trafficking that stems from moralistic positions rather than rigorous research. A set of fifteen unverified assumptions forms the bedrock of mainstream anti-trafficking work. Because these approaches lack empirical evidence, massive funding and heightened activity have failed to reduce trafficking. This failure leads to the common refrain that the phenomenon is growing exponentially.
The government of India stated for the Yokohama Congress that trafficking has never before reached such proportions, not even under slavery or in feudal times.
Conflating Migration and Prostitution
By collapsing the distinctions between trafficking, migration, and prostitution, the mainstream paradigm treats all female migrants and sex workers as victims or delinquents. Consequently, prevention efforts focus on restricting women's freedom of movement rather than targeting actual labor abuses and human rights violations. You see this in the nexus of vulnerability and illegality that ensnares workers who cross borders voluntarily.
Efforts to curb migration through increased border surveillance and introduction of passports on the Indo-Nepal border merely drove the activity underground and made it more invisible.
The United Nations estimates that 30 million people suffered sexual exploitation in Asia over the last 30 years. Statistical figures remain curiously rigid despite interventions. For example, 5,000 to 7,000 Nepali girls are reported trafficked into India each year, a figure unchanged over the past 15 years. The total estimate of Nepali girls in Indian brothels similarly remains fixed at 150,000 to 200,000 over the same period.
The Post-Facto Nature of Trafficking
Trafficking is structurally a post-facto crime where willing jobseekers are transformed into victims and criminals only upon reaching their destination.
During the recruitment and transportation phase, many migrants willingly cooperate with agents or are deceived by false promises. This initial phase is indistinguishable from voluntary migration. Trafficking officially becomes a crime and transforms the migrant into a victim only at the destination point where confinement, debt-bondage, and forced labor occur.
3. Flaws in Prevention and Rescue Interventions
Interventions relying on tighter border controls, brothel raids, and awareness campaigns fail to curb exploitation and often increase migrant vulnerability.
The Push-Down Pop-Up Effect
Anti-trafficking interventions that rely on tighter policing and border controls fail to eradicate the underlying causes of migration and instead displace illicit activities underground. Described as a push down-pop up effect, suppression in one geographic location causes trafficking and smuggling practices to morph and relocate elsewhere. Tightened border checkpoints format migrants to rely on more dangerous routes, and rescues involving large ransom payments generate new income streams for small-time criminals.
Also known as the balloon effect, the push-down pop-up phenomenon shows how reducing trafficking in one location causes it to emerge elsewhere. Community interventions and rescues often displace exploitation to ethnic minorities or neighboring countries without deterring perpetrators. Buying victims out of trafficking provides working capital for traffickers to recruit more people.
Successful prevention programs stopping Thai children from Northern Thailand from entering the sex trade have displaced the problem to ethnic minority children and neighboring Lao PDR and Myanmar. More than 500 Cambodian children taken to Thailand in organized begging rings were repatriated, but the program failed to impact the overall number of Cambodian child beggars in Thailand.
Flawed Border Controls and Rescue Raids
Tougher border controls and restrictive migration policies act as a Trojan horse for anti-smuggling agendas and actually increase migrant vulnerability and exploitation. Restricting cross-border movement does not halt migration. It forces migrants to rely on dangerous routes and organized criminal groups, doubling smuggling costs and increasing debt burdens. Conflating smuggling and trafficking leads to indiscriminate deportations that separate families and punish victims.
The closure of Thailand's border with Myanmar forced potential migrants to use organized criminal groups. This doubled the cost for crossing the border from 50,000 Kyats to over 100,000 Kyats. Fifty-eight Chinese would-be immigrants died en route from Belgium to the United Kingdom in 2000.
Mainstream rescue and rehabilitation initiatives focus almost exclusively on brothels due to ease of access, ignoring diverse sex trade venues and other labor sectors. Police-facilitated raids on brothels offer high-publicity impact and immediate proof of anti-trafficking work. They fail to account for the modern diversification of the sex industry into bars, parlors, and guest houses. These raids often cause traffickers to relocate businesses into private apartments and adopt more repressive forms of confinement.
Ongoing rescue raids on GB Road brothels in Delhi in 2002 revealed that brothel keepers shifted their businesses into apartments and houses in general residential areas. Only 10 to 20 percent of the sex trade is currently conducted out of brothels in Mumbai according to ongoing research by CARE India.
Border interception posts maintained at official Nepal-India border crossings are largely ineffective and violate human rights under the guise of saving victims. Despite clear evidence that smugglers do not cross at official checkposts, donors continue to fund transit homes and border guards. Interceptions rely on subjective assumptions by border guards rather than clear criteria, often detaining women who are migrating voluntarily for economic reasons.
NGOs support more than ten transit homes and interception posts along the official crossings. Estimates show only a few hundred girls saved over a ten-year period without clarity on whether they were actually being trafficked. Doubts regarding interception and human rights abuses began to be formally cast in 2002.
4. Labor Rights and Grassroots Alternatives
Effective anti-trafficking strategies must adopt a rights-based framework that addresses economic demand, guarantees legal migration, and empowers grassroots worker organizations.
You must look beyond policing supply when you want to stop human trafficking. Trafficking is a demand-driven phenomenon fueled by the need for exploitable labor. Interventions must target labor standards, legal employment options, and freedom of movement rather than relying solely on victim rescue.
- Explore options for legal employment to remove the illegal status of a victim and empower her.
- Ensure existing forms of illegal work are made consistent with legally stipulated standards of labor.
- Address the issue of mobility and the right to freedom of movement in relation to migration and migrant rights.
Developing international migration systems that facilitate legal labor movement is essential to crowding out criminal trafficking and protecting migrant rights. Direct law enforcement controls fail to stop irregular migration just like other markets with strong supply and demand. Creating legal, well-monitored migration channels matching destination labor demands benefits both sending and receiving nations through remittances, skill-sharing, and reduced exploitation. In 1992, UNDP estimated potential benefits of a more liberalized migration regime at $250 billion a year. Thailand estimated a requirement for 1.5 million foreign workers in 2002. Labor migration agreements established between the Government of Thailand and the Governments of Cambodia, Lao PDR, and Myanmar represent initial steps in laying groundwork for migrant rights.
Law enforcement must shift its focus away from small-scale people-movers and toward the owners and managers of abusive establishments through profit-undermining measures. Targeting small-scale movers has little impact because the supply pool of movers is huge. Asset confiscation imposes a one-off, immediate disincentive that destroys the business model and provides funds for victim compensation.
- Refocus law enforcement efforts away from targeting movers to targeting exploiters.
- Emphasize asset confiscation to remove the profitability of the trafficking business.
- Use confiscated assets for anti-trafficking programs and compensation of trafficked persons.
An NGO in Cambodia works with local authorities, restaurant owners, motorbike-taxi drivers, boat paddlers, and reliable neighbors to monitor entertainment venues and report exploitation. Pervasive community prejudices regarding race, class, and gender create the enabling environment that allows severe exploitation and trafficking to persist. The Cambodian Ministry of Women's and Veterans' Affairs has implemented campaigns to address community attitudes regarding the treatment of children and the abuse of women in the sex trade.
- Conduct campaigns tackling prejudice and discrimination at places of destination.
- Reduce discrimination based on sex, ethnicity, age, and class.
- Challenge community attitudes and systemic prejudices that enable exploitation.
Transnational Feminist and Labor Alternatives
Grassroots projects that treat sex work as labor have achieved remarkable success in HIV prevention and anti-trafficking efforts despite facing funding threats.
Projects relying on red-light-district residents and sex workers to organize and protect their rights prove far more effective at reducing disease transmission and assisting trafficked persons than top-down abolitionist measures. As of June 15 2001, the Sonagachi Project of Kolkata assisted 43 trafficked persons, of whom 35 were minors, and maintained a significantly lower HIV prevalence among sex workers.
- Rely on red-light-district residents and sex workers to participate in preventing trafficking.
- Provide friendly and supportive health and educational services.
Self-organized sex worker collectives successfully run self-regulatory mechanisms and health programs, which are frequently disrupted by aggressive police raids executed under the guise of rescue operations. The Durbar Mahila Samanwaya Committee operates a world-renowned STD/HIV intervention in West Bengal along with micro-credit societies and self-regulatory boards that interview new entrants and prevent minor recruitment. Police forces frequently conduct violent raids on adult sex workers under the pretext of rescuing minors. In Sonagachi, police raided a brothel and forcibly attempted to remove Payel Mazumdar, an adult sex worker of six years, resulting in an unprovoked baton-charge that injured staff, sex workers, and children. Fifteen children and bystanders received baton injuries and required hospitalization during the raid.
Anti-trafficking campaigns must reform rescue practices to recognize adult victims as workers and avoid inflicting further financial and psychological harm. Empower Chiang Mai has dealt with brothel raids and rescues for eleven years, noting that inappropriate interventions violate fundamental labor and human rights. On May 12, 2003, Empower held a meeting where sixty-four entertainment workers issued recommendations.
- Ensure no person is trafficked or forced to work against their will and no child under 18 is exploited.
- Revise methods to combat trafficking so they do not violate the rights of workers.
- Acknowledge the rights of adult trafficked victims as workers and provide proper recognition and compensation so they are not financially worse off after rescue.
- Ensure all women affected by trafficking or anti-trafficking measures receive adequate compensation.
- Shift the primary goal from prosecuting traffickers to assisting trafficked women and children.
- Work toward improving human rights in Burma, securing travel independence, and supporting refugee status recognition.
- Include sex worker organizations as anti-trafficking workers and human rights defenders.
Successful Grassroots Initiatives
The action phase of FPAR projects successfully catalyzes grassroots group formation, enabling women to build platforms for mutual support, collective savings, and local advocacy.
Through the 2009-2010 Feminist Participatory Action Research initiative, participating women transformed focus groups into permanent community organizations that engage with local governance, establish credit unions, and address economic and health challenges. In Indonesia, LRC-KJHAM participants formed the Rowoberanten Women Migrant Workers Group to lobby local officials, while FIDA Kenya helped establish three slum-based groups in Kawangware, Kangemi, and Kiamaiko that implemented rotating savings circles and partnered with human rights NGOs. GAATW held a Learning Workshop in May 2009 for participating NGOs from diverse sectors, though they later learned the training methods were better suited to professional organizations than smaller grassroots groups. The global GAATW network spans 100 member organizations across 42 countries.
- Discuss the FPAR process with ally researchers and research participants before beginning problem analysis, interviews, or community mapping.
- Select participation techniques that complement the project, organizational capacity, and community interest.
- Engage in individual interviews to provide a safe space for sharing negative or complicated experiences.
- Utilize focus groups to build a sense of togetherness, share positive experiences, and promote general discussions.
- Establish rotating kitties where members contribute equal amounts of money regularly and one member takes the full sum to expand small businesses.
- Organize monthly community meetings to discuss migration and local social issues.
- Partner with advocacy NGOs to help grassroots communities participate in public forums and lobby local governments.
Future anti-trafficking work must engage the private sector as full partners, focus on supply chain accountability, and treat sex workers and migrants as agents capable of participating in decisions. Matt Friedman points to examples like Hong Kong bosses deploying iPods to fight people smugglers as an instance of engaging the private sector. Raiding and rescuing a few hundred victims is insufficient for lasting change.
- Engage the private sector as full partners rather than just funders.
- Regularly review supply chains and empower consumers to make responsible purchasing choices.
- Demand innovation, accountability, and measurable results from development efforts.
- Incorporate legal rights, legal services, and sustainable exit strategies into HIV and migrant support organizations.
- Direct anti-TIP education in schools toward not exploiting others as well as avoiding victimization.
10 Key Ideas
- The abolitionist framework views prostitution as inherently violent and calls for its total eradication.
- Global debates and activities surrounding human trafficking are dominated by three distinct frameworks: abolitionism, criminal justice, and transnational feminism.
- Contemporary anti-trafficking discourses are rooted in nineteenth- and early twentieth-century moral panics over cross-border female migration and the so-called white slave trade.
- Mainstream anti-trafficking policies conflate voluntary migration and consensual sex work with human trafficking, relying on unverified assumptions rather than empirical evidence.
- Trafficking is structurally a post-facto crime where willing jobseekers are transformed into victims and criminals only upon reaching their destination.
- Anti-trafficking interventions that rely on tighter policing and border controls fail to eradicate the underlying causes of migration and instead displace illicit activities underground.
- Tougher border controls and restrictive migration policies act as a Trojan horse for anti-smuggling agendas and actually increase migrant vulnerability and exploitation.
- Effective anti-trafficking strategies must adopt a rights-based framework that addresses economic demand, guarantees legal migration, and empowers grassroots worker organizations.
- Projects relying on red-light-district residents and sex workers to organize and protect their rights prove far more effective at reducing disease transmission and assisting trafficked persons than top-down abolitionist measures.
- The action phase of FPAR projects successfully catalyzes grassroots group formation, enabling women to build platforms for mutual support, collective savings, and local advocacy.