TIPS report – UAB Institute for Human Rights Blog

Moving Beyond ‘Victim’

The normative value of universal human rights is constantly scrutinized both within the academy and in the field alike, as has been previously featured on the Institute for Human Rights Blog. Universal human rights, codified in international documents such as the Universal Declaration of Human Rights and the Convention of the Rights of the Child, are writ large by a group of representatives operating at the international level and are ideally enjoyed by everyday citizens on the societal level. Human rights are both universally created and culturally applied. Problems arise when specific, codified human rights directly contradict cultural norms of a particular society. Examples of this contradiction include female genital cutting, the right to return of refugees, and international tourism. The underlying tension is this: how can the local / global communities reconcile cultural beliefs with universal norms? Can human rights activists and scholars find a third way- marrying the universal with the particular? To evolve the conversation surrounding these issues, this blog uses the incidence of human trafficking in Benin to illustrate the discursive dimension of human rights advocacy and to counter the notion that universal human rights are incompatible with culturally particularistic beliefs.

Picture of a harbor in Cotonou, Benin — Shubert Ciencia, Creative Commons

Benin & the US: Bound by Cotton

Benin, formerly known as the Kingdom of Dahomey, is located in western Africa between Burkina Faso, Niger, Nigeria, and Togo. Benin’s capital is Porto-Novo, official language is French, and has a population of almost 10 million individuals. And finally, according to the United States’ annually published Trafficking in Persons Report (US TIP Report), Benin is grappling with a human trafficking crisis. According to the 2017 TIP-Report, vast numbers of Beninese girls and boys are:

“… subjected to domestic servitude or sex trafficking in Cotonou and across Benin’s southern corridor. Some families send children to wealthier families for educational or vocational opportunities, a practice called vidomegon; some of these children are subjected to domestic servitude.”

(Emphasis in original document)

However, before we may contextualize human trafficking trafficking in Benin, the political motivations of the TIP-Report must be unpacked.

Every year, the US compiles all available data on the incidence, prevalence, and efforts to combat human trafficking worldwide. This information is provided from policy analysts, field researchers, first-hand testimony, and a vast array of informants working with or for the US State Department (among other national agencies). Once this information is analyzed, the US labels each country a 1, 2, 2-Watchlist, or 3 Tier ranking. The lower a country’s rank, the more successful efforts a country is undertaking to prevent trafficking in general, protect trafficked persons, and prosecute traffickers. Once a country reaches the Tier 2-Watchlist (in some cases) or Tier 3 designation, the US has precedent to curtail or eliminate monetary aid and other diplomatic exchanges with the state. Danger occurs when political instrumentalism and lack of awareness of cultural beliefs thrust themselves into this ideally ‘objective’ designation process.

As an example of political gaming, China receives low rankings, despite a sprawling human trafficking plight, to maintain polite integrity of US-China relations. In the case of Benin, ignorance of cultural mores and beliefs fundamentally redefine what trafficking is and looks like on the ground; this fact is not internalized by the US State Department. Hence, Benin’s designation of Tier 2-Watchlist.

This designation means the US believes Benin is making active strides to combat trafficking, but these efforts do not meet the minimum standards for the elimination of trafficking within the country as a whole. Massive structural issues complicate Benin’s anti-trafficking process, including: sweeping inequality, crumbling infrastructure, political corruption, and a national economy unable to withstand price gauging from foreign actors. The last issue is particularly germane to the incidence of trafficking in Benin, as Howard (2012) explains:

“In Benin, cotton is the major cash crop. It accounts for around 5 per cent of the GDP and almost 40 per cent of the country’s export receipts… [I]t is a household industry and provides income for thousands of families… When prices are high, people benefit… [C]otton prices have been at record lows for over a decade, in large part due to illegal US subsidies.”

(Emphasis added; Howard, 2012)

According to Oxfam, the US raised cotton subsidies, which decimated many economies in Western African dependent on cotton production from local farmers. Benin’s economy in particular is crippled; many rural and agrarian workers are unable to sell their cotton products at a fair cost. Therefore, they must turn to alternate means of income – in some cases, trafficking. This oft-unexplored antecedent of trafficking cases is the pressing economic demands of both the trafficked person and others (such as the trafficker, buyer of services, etc.) involved in the process (Bales, 2012). Here is the paradox: the US classifies Benin a Tier 2-Watchlist country on the TIP-Report (a supposed human rights-promoting mechanism) when US economic policy vampirically saps Beninese resources, thereby increasing the occurrence of trafficking in the Beninese state. The US indirectly causes trafficking in Benin and simultaneously uses diplomatic pressure to punish Benin for its trafficking “problem”. So what does this disingenuous relationship look like to human rights activists in Benin and the populations they wish to serve?

Politics in Trafficking Discourse

In his ethnographic portrayal of the lives of working Beninese adolescents, Howard (2012) explores the motivations and incentives of young Beninese persons attempting to make a livelihood for both themselves and their families. He interviews young men who often work in gravel pits in western Nigeria and young women who opt to work for families in major coastal cities within Benin itself. According to Howard’s interviews with anti-trafficking NGO workers, two concerning issues surround the designation of these young men and women as ‘trafficked persons’:

The young men and women seeking employment are underage. International law decrees childhood ends and legal consent begins (for most individuals) at age 18. In Benin, societal tradition prepares adolescents for work before age 18, and many adolescents (highly aware of their dire economic need) opt to work to support themselves their families. Due to these definitional inconsistencies, one persons trafficking survivor is another’s entrepreneur.
Many of these young men and women do not consider themselves as trafficked persons, despite using 3^rd-party cooperation to cross borders to find work. Here is a conversation that exemplifies this issue:

(Howard): Have some of you ever been away to do holiday work?

(Young Man): Yes, every single one of us! This is what allows us to continue at school! You can go to Nigeria or Savé and earn 30,000 or 40,000 FCFA in a summer!

…

(Howard): Do NGOs, white people or the government come here and say that’s bad?

(Young Man): Yes, loads.

(Howard): Why?

(Young Man): Because they can see that it can be hard, but they offer us no alternative.

(Emphasis added; Howard, 2012)

The young man in this exchange, in addition to others interviews by Howard (2012), expresses frustration the Beninese government cannot aid employable citizens to find livable wages and jobs in their home communities. These individuals now must make long and arduous journeys to find work to sustain themselves and their families. This complicates the ‘victim-mentality’ all too common of anti-trafficking efforts; in many cases, anti-trafficking NGO’s see trafficked persons in need of ‘rescue’. However, via testimony from these so-called ‘trafficked persons’, these Beninese adolescents are exercising agency and ingenuity to pursue economic stability. They are not ‘victims’ of trafficking; they are victims of structural violence, in part propagated by the US government. In one fell swoop, the US government not only crippled the Beninese economy but also victimizes many Beninese workers through human rights discourse. What does the discursive process mean for human rights research and advocacy?

Notes on top of the written text of Michel Foucault — James Shelley, Creative Commons

Discourse, in a Foucault-ian sense, describes the process of transferring one’s worldview to another via communication (Howard, 2012). When we engage in dialogue, we construct a momentary reality for the person with whom we are engaged. They do the same. These conversations are laden with our worldview, power (a)symmetries, and culture; each of us brings these elements to the table. Therefore, the way in which we speak about a subject not only tells us about the subject itself, but it also of speaker(s). To speak of someone as a victim in need of rescue is to deny them agency and autonomy. This tactic may additionally heighten the moral authority of the speaker. This power asymmetry is epitomized by the dyad of the Beninese worker & US government.

Returning to the young man’s quotations above, we may infer he is an individual seeking agency and economic independence within a state that is unable to provide these opportunities. The state, Benin, is laden with political and financial woes; in part from price gauging by the United States. The US, also according to Howard’s ethnographic research, finances and sends NGO humanitarian aid workers to Benin to aid in anti-trafficking efforts. These aid workers, when pressed about why their Beninese ‘trafficking survivors’ were unable to find work within their homeland, often had no idea about the cotton subsidies or other reasons why the Beninese economy is suffering (Howard, 2012). Without a nuanced understanding of the structural barriers compelling Beninese adolescents to seek work in foreign lands, US aid workers revictimized Beninese citizens through discursive patronage and an inability to shoulder the burden of the US’s involvement in crippling the Beninese economy.

A Beninese woman balances a gourd above her head — AdamRogers2030, Creative Commons

A Challenge for Human Rights

Human rights are universal. The notion that all persons, irrespective of religious creed, nationality, ethnicity, gender, sexual orientation, age, or any other identifying characteristic, deserve their dignity and personhood honored and protected is a key mainstay of modernity. The protection of human rights should be implemented by transnational actors such as the United Nations. Human rights should also be protected by states, such as the United States of America and Benin. Finally, human rights have to be guarded be ordinary people living in societies all over the world.

Conversations about human rights inform us about the speaker and how they conceive of rights. In the case of US aid workers in Benin, they considered Beninese adolescents in need of saving and as involuntary trafficking survivors falling prey to a malicious trafficker. And indeed, this is the case for many Beninese. From the other perspective, through the eyes of impoverished Beninese young women and men, earning a livable wage to support their family is paramount. They do not see themselves as victims; they see the aid-workers as misinformed. This begs the question: how do human rights activists and the communities they wish to serve negotiate power-sharing in discourse and social / economic / cultural equality within the doctrine of human rights?

A fundamental challenge within the realm of human rights is the negotiation between two groups of people who have (sometimes radically) different interpretations of what human rights mean. Eastern vs. Western, secular vs. religious, North vs. South, these are illusory differences propagated by individuals who directly benefit from antagonistic discourse between these (and many other) groups of people. Sometimes, is it not the conversation itself that is the important part; it is what each speaker is bringing to the conversation.

We see a conflict of interest between aid-workers in Benin and Beninese adolescents looking for jobs. Neither is wrong in their pursuit; both are merely taking radically different approaches to protecting the rights and fortunes of themselves and of those they care about. These differences of opinion on the interpretation of rights do not, as my colleague has written, weaken the foundational argument for the existence of universal human rights. These differences throw down the gauntlet for human rights activists and researchers to expand the table large enough for all vested parties to have an equal opportunity to negotiate a culturally-practical implementation of universal norms. It is a challenge to dismantle structural barriers to human rights (such as the US’s involvement in Benin’s cotton industry). It is a challenge to marry non-Western and Western conceptions of justice and peace. Human rights as a normative prescription of beliefs and behaviors is still in its infancy. These ideals still need an anthropologically-informed ethic, a moral system steeped in cultural pluralism through a globalized mechanism of implementation, in order to realize the full potential of universal human rights and a shared global identity of what it means to be human.

References

Bales, K. (2012). Disposable People: New Slavery in the Global Economy. Press Berkeley, CA: University of California Press.

Howard, N. (2012). Accountable to whom? Accountable for what? Understanding anti-trafficking discourse and policy in southern Benin. The Anti-Trafficking Review, 1, 43-59.

Libya, Slavery Revisited

a statue, entitled Emancipation, of Lincoln standing over a kneeling freed slave — Emancipation statue at Lincoln Park. Source: David, Creative Commons.

A video of a slave trade in Libya presently circulates the international circuit, eliciting pleas from the international community to the UN, and the UN Security Council to Libyan government to do something to end the “heinous abuses of human rights.” Questions of the video’s validity arose when Libyan officials, based on President Trump’s go-to slogan, discredited the report as “fake news” because it is a product of a CNN investigation. However, in April, the International Organization for Migration (IOM) exposed the slave markets after staff based in Niger and Libya gathered testimonies of these markets. The trafficked individuals are migrants from Nigeria, Ghana, and Gambia seeking passage through Libya to Europe. “Migrants who go to Libya while trying to get to Europe have no idea of the torture archipelago that awaits them just over the border. There they become commodities to be bought, sold, and discarded when they have no more value.” In other words, the video confirms what the humanity already knows: human beings are trafficked and disposed of by other human beings. The Palermo Protocol defines trafficking in persons is an all-encompassing term for the recruitment, transportation, transfer, and exploitation of another for the purposes of commercial sex exploitation, labor trafficking, and organ trafficking. This blog focuses on labor trafficking, which includes domestic/manual forced migrant labor, and speaks to three issues surrounding this labor trafficking case: the international attention, the commonplaceness, and the international complicity.

The rawness of the video, in many ways, conjures images of American colonial and antebellum days gone by—when Africans were sold in markets and public squares to the highest bidder, thereby becoming property and labor on soil that was not their own. Given the fact slavery in the United States occurred nearly 400 years ago, why is this scene garnering international attention and creating a stir? First, the video provides undeniable evidence of the dehumanizing condition of slavery and the audacity of traffickers and traders. Second, it is a stack reminder that slavery, despite the Emancipation Proclamation in the US, never ended in many other regions of the world, including Libya. Lastly, it is challenges the notion of who is valuable and worth saving, and who civil society may continue to turn its back on.

It is essential to distinguish between indentured servitude and slavery. An indentured servant enters into an agreement with full acknowledgment of unpaid labor for a fixed and agreed-upon timeframe. William Mathews voluntarily made himself the servant of Thomas Windover in 1718 for the period of seven years. For his part, Windover agreed to teach, feed, clothe, and provide lodging to Mathews, who upon his release would receive “a sufficient new suit of apparel, four shirts, and two necklets [scarves].” Slavery, on the other hand, was and is about exploitation and “every sort of injustice…and debasement.” The written account of Olaudah Equiano and his family describes the feelings of betrayal and disillusionment of being “torn from our country and friends to toil for your luxury and lust of gain… Surely this is a new refinement in cruelty”. The essential difference here is the presence or absence of choice.

Choice is the thin line separating the inferior from superior, poverty and enough, and animals and human beings. Choice, whether from individual, societal, or government level–influences how we perceive. Bales, in his book, Disposable People: New Slavery in the Global Economy, offers two views of slavery: old and new. Both possess a dehumanizing element. However, old slavery prided itself on ownership and maintenance of “property”; new slavery focuses on bodies for profits. Ownership takes a backseat to the profit margin. This new slavery relies on the disposability of human beings. This reliance enables Bales to assert slavery never ended; it simply evolved. Slavery, at its core, is the theft of life. The theft of one life indirectly affects another.

Traffickers sell sex slaves on the black market, underground, and on the dark web. Bonded labor is often intergenerational in places like Pakistan and India, thus, children oftentimes are born into slavery. Migrant workers build soccer stadiums in Qatar and Brazil for FIFA World Cup and the Olympics, respectively, after fleeing poverty in their home countries. Unpaid or slightly paid workers, specifically children, sew garments for major fashion brands, grind coffee beans for industry leaders, and pick cocoa beans for chocolate bars sold in America. The major issue with labor trafficking lies in the complexity of the supply and demand chain, and the complicity of local and national government officials.

Per Free the Slaves website, of the estimated 40 million enslaved persons worldwide, 50% are forced laborers. ABC used last spring’s television show, American Crime, to bring some aspects of labor trafficking to light. The mini-series revealed the interconnectedness of an American tomato farming family and the illegal migrants they employed. In a poignant scene, a fire conflagrates the property, killing several enslaved workers trapped inside. A real-life similar incident occurred in July 2017, whereby nine migrants died in a semi-trailer at a San Antonio Walmart. Many quickly jump to the assertion that ‘they should have done it the legal way’ and ‘they are taking away American jobs’ or ‘should not seek refuge in the EU’, yet what often happens is we fail to examine the backstory and interconnections.

Libyan Arab Spring occurred in February 2011. The death of leader Colonel Muammar Gaddaffi in October 2011 by NATO forces left a vacuum for the rise of the Islamic State. Several failed attempts for parliamentary elections, crumbling infrastructure, thousands of internally displaced citizens (IDPs), and limited resources coalesce to create the perfect storm for the rise and perpetuation of trafficking in persons. Additionally, continental intrastate conflicts and civil unrest result in large migrations of IDPs and refugees desperate for a semblance of normalcy and peace. The proclivity of new slavery, unlike old slavery, is not race or religion but on “weakness, gullibility, and deprivation”. Put another way, the subjection of the trafficked is the misapplication of trust in an uncontrolled situation. Nikki Haley, in the 2017 TIPS Report, concludes that the impact of trafficking in persons is cross-cultural, leaving no country “immune from this crisis.” The slave markets of Libya are not the first occurrence and they will not be the last; however, the video makes them known.

After a month of awareness and contained outrage, where do we sit on the elimination of slave markets in Libya, specifically? The UN released a statement condemning the markets while noting Libyans have launched an investigation, and encouraging inter-regional cooperation. Amnesty International (AI) named and shamed EU governments–particularly Italy—for their collusion and complicity in creating and maintaining a system of abuse. AI discloses the three-pronged policy of containment consists of provision of assistance to run detention centers, coordination with Libyan Coast Guard to intercept and return fleeing refugees, and cooperation with leaders on the ground to halt the smuggling of seekers by increasing border controls. The Italian government, a state party to the Convention relating to the Status of Refugees and its protocol, pays to refuse refugees and asylum seekers and knowingly returns them to a foreign land for detention and torture. Libya is not a state party; therefore, signing the Convention and implementing asylum law as suggested by Dalhuisen will constitute a step in the right direction, when Libya establishes a functioning government.

The fight to end human trafficking is a global civil society (GCS) responsibility. Glasius believes GCS is a voluntary, social contract based association with others who desire to reach and include humanity to think and participate in the world as global citizens, not simply national citizens. How can one participate in GCS? First, employing social media platforms as advocacy tools. Second, reading the TIPS report and following international entities like the UN and AI will keep you informed of changes in international government strategies and shortcomings for prosecution, protection, and prevention of human trafficking. Third, shop and buy products that are fair trade by understanding the relationship between the supply and demand. Fourth, dig deep and ask questions. Lastly, look up, become aware and watch your surroundings because you, like Shelia Fedrick, could rescue a trafficked person.