Saturday, July 1, 2017

Human Trafficking, Democracy and Transnational Crime Syndicate.

Human Trafficking, Democracy and Transnational Crime Syndicate.
SHARMILA BOSE
Independent Researcher in Political Science
9811915670

Abstract
Human Trafficking is viewed as organized crime and neo-slavery, but it is a parallel regime that survives under the legitimacy of Democracy.  The theory of Dependency in the World System played a crucial role in proliferating bonded labour under the tag of Globalisation.  The origin of Human Slavery has the ancient lineage which is redesigned and developed even when the civilized societies have abolish Slavery as International Covenant.
This document will explore the theoretical inadequacies in handling the issues of slavery in the era Globalisation and Dependency where an economy from the slaves from selling and reselling humanity as resources towards the illicit economy of drugs, sex, violence and smuggling human organ.  The economy from the trafficking population is facilitated by Wars and Corruption that is both man-made.
The role of Political theories based on Identity and Ideologies create a divisive society and conflicts which further create a stream of networking that traps population under the tag of democracy and political process and become the member of the parallel regime, i.e. trafficking network.
Representative Democracy under Political parties creates feudalism in the population that controls the Power and Resources.  Further Globalization has erased the boundaries and accountability and limited State control on the economy and policies.
The dynamism of globalization has erased the boundaries and the global movements have taken a phenomenon to which illicit movement has dominated the World system.  This illicit movement has a specific network which further promotes the security threats.  Human Trafficking is not limited to the periphery population that are vulnerable to poverty or lack of resources, but those who are urban population are victim of trafficking due to creation of destitution of broken marriages and shattered societies.  These urban victims become a tool of high profile crimes, financial frauds, drugs trafficking and espionage.

INTRODUCTION

Human Trafficking should be viewed from the dynamism of Transnational Crime since in every organized crime there is a need of resources that is forced than consensual.  The work populations towards the illicit economy are always vulnerable to exploitation, oppression and enslavement and they are routed through trafficking which has fortified system.  So, it will be incomplete to understand the radar of Human Trafficking without discussing Transnational Crimes syndicates since these crime syndicates are operated by people and most of them are forced labour.
The end of Cold War and the disintegration of USSR has brought huge change International Relations and International behavior. From Bipolar society to Unipolar world dominance brought a restlessness in the International Politics especially in Asian Dynamics.  From Communism / Socialism to Liberal Economy and to Globalisation brought the change in socioeconomic dynamics in the region.  This germinated many non-state actors which had intra-national and international network. In the 1970s, international relations introduced the concept of the transnational actor.  The focus on non state transnational actors grew out of the pluralist theories of the state and its decision-making process.  In domestic politics, pluralist theorists have always argued that political outputs resulted from competition among different interest groups.[1]
Asia is home to some of the largest crime syndicates in the world.  The recent economic, political and social changes in Asia have been conducive to the spread of Organised crime in this region.  These changes include the economic opening of China and its gradual shift towards capitalism, and the 1997 Asian financial crisis.  The crisis exacerbated already growing economic disparities within and between countries in Asia, creating opportunities for organized crime organizations to operate and find new recruits.  Furthermore, the economic growth of the region since the 1980s, including the development of financial centres such as Singapore and Hong Kong, and the increase of trade and beyond Asia, has been advantageous for operations conducted by Asian-based organized criminals.[2]

Rapid integration in Southeast Asia is creating new economic, social and development opportunities, but also poses significant security challenges underpinned by organised crime, according to a new report released by the United Nations Office on Drugs and Crime (UNODC).[3] There are indications that organized crime and associated problems are expanding and diversifying as regional integration intensifies.

The largest and most prominent criminal syndicates operating in Asia are the Japanese Yakuza and the triads in China.  They are not only the most powerful criminal organizations in their home countries, but also control many illegal operations in other Asian nations.  The Yakuza is divided into more than 2000 clans, the Yamguchi-gumi, with over 25,000 members, being the largest among them.[4]  These clans are developed through Multi-Layer marketing scheme to which the benefit of illicit economy reaches to the top.  It is very difficult to catch the actual perpetuator in the present Criminal Justice system due to its multi-layer schemes through contract and sub-contract systems.

The Chinese triads consist of a range of different competing groups and include the Sun Yee On in Hong Kong, the United Bamboo Gang in Taiwan, and the Wo On Lik in Macau.  On the Chinese mainland, triad activity was successfully suppressed by the Communists government and it was only in the 1970s that the first modern triad group, the Big Circle Boys, emerged there, followed by the establishment of other such groups.  Since the return of Hong Kong and Macau to China, triads based in these cities have also been able to expand their operations to the Chinese mainland, where they have benefited from, and invested in, the new and expanding Chinese economy.[5] 


The organized crime groups based in Bangladesh and Southeast Asian nations, even though these countries are home to numerous crime syndicates operating nationally, regionally, and internationally.  In Bangladesh, organized crime groups are involved in the smuggling of weapons, robbery and forgery and are hired by politicians to intimidate to kill opponents.  The so-called mastans (hoodlums, thugs), in particular have strong links with local politicians and the police, and play an influential role in elections.[6]  The non-stop infiltrations into the Indian Territory by the illegal Bangladeshi migrants are the frontline crime operator which has the political affiliation on the basis of Identity and Ideology in the region.

In Southeast Asia, transnational crime groups are involved in illicit activities such as prostitution, gambling, money laundering and the smuggling of illegal goods and human destine for Europe, the United States, and Australia.  The trade in illegal drugs is also booming in the region, mainly because the so-called Golden Triangle between eastern Myanmar, northern Thailand, and western Laos, is still one of the world’s largest supply areas for drugs such as heroin.[7]

Other Thai-based crime syndicates are involved in illegal gambling, prostitution, the trade in counterfeit products, and the smuggling of wood, gems people and oil.  The illegal trade in oil emerged in the early 1990s and has developed into a lucrative source of income, as the smugglers circumvent the high taxes on oil.  However, the majority of the illegally imported oil is pumped at sea from tankers into fishing boats that are often modified to hold 10,000 to 100,000 liters.  Eighty percent of the illegal oil enters the country thorough the Gulf of Thailand, while the remaining 20 per cent is smuggled via the Andaman Sea coastline.  So-called jao phor (Godfathers) and politicians are involved in the illegal trade in oil.  In fact, many Thai-based organized crime groups have close links with Thai politicians, and many jao phor have entered politics themselves and have gained position in central and local governments.  Furthermore, members of the military and police in Thailand are also actively involved in illegal activities.[8]  The Political Parties in the democratic system are States within States and occupy its own regime within the Statehood.  To run their organization, it needs population and resources.  Corruption and illicit economy provides them funding to sustain their legitimacy in the Political process.  The Foreign investments in any country are actually the funds raised through illicit economy through the political process and make the illicit money to licit economy through share market.

In Malaysia, organized crime syndicate, some with connections to Taiwan, are engaged in the illegal production and sale of DVDs, VCDs, and CDs.  Other groups are involved in the manufacture and sale of fake medicine, robberies, or smuggling activities, including the trafficking in endangered species, such as orang utans from East Malaysia.

In Indonesia, the preman, Organised Criminal groups are involved in protection rackets.  Many of these groups press a belief in Islam and have links to, or work directly with security forces and politicians in Indonesia.  Other organized criminal syndicates operating from Indonesia include Pakistani-led organizations involved in the smuggling of people, mostly from the Middle East to Australia.[9]  It is important to understand the identity of this country has the affiliation to its economy, i.e. protection racket and Pakistan provides human resources through this channel.   So, Pakistan is not just terror breeder, i.e. defacto army and strategist but also into the International Protection racket. Pakistan’s International Relations highlights its supply of human resources in the Protect rackets.

Organised crime groups in Philippines do not have the pronounced organization structure prevalent in groups such as Yakuza.  Yet, even though Philippine groups are generally more loosely knit, the organizations are nonetheless highly efficient.  Criminal groups are based and operated in all parts of the Philippines, with kidnapping for ransom, being one of the more typical activities of these groups.  Other illegal activities include bank robberies, drug and people smuggling, and illegal gambling.  As in other countries in the region, criminals in the Philippines have links to politicians and members of law enforcement agencies and some criminal organizations cooperate with politically motivated movements.[10]

In addition to those organizations discussed above, ethnic Chinese criminal groups are active throughout Southeast Asia.  These include the Chiu Chow group in Burma and Thailand, the 18 Gang and Wah Kee in Malaysia, and the Tiger Dragon Secret Society in Singapore.  Furthermore, criminal organizations from out the region have begun to operate within Southeast Asia, often through contract with local crime groups.  These include Russian criminal groups which are active in Thialand and provide, for example, Slavic women to brothels in Thailand.  Other criminal organizations operating in the region include group from South Asia, Japan and Korea, as well as Nigerian criminal enterprises which participate in the drug trade.[11]

The impact of China’s one child policy and India’s cultural preference for male has left large populations with more men than women.  This gender imbalance has created high demand for women that has fueled trafficking of women to both nations.  Acquiring women and girls for the purpose of brides has become a common occurrence in the region.  Females are obtained through multiple ways such as coercion and force that have been previously mentioned, but also through kidnapping.  Kidnapping has become a common means for acquiring women and children as the migration of populations between and within states increases the ability for kidnapping to occur.  In China, persons travelling from the countryside to cities are extremely vulnerable to kidnapping as paths traveled are not always high trafficked routes (State 2014; Baculinao 2004) 

The demand for sex creates it market for the sale of sex to which pimps who are the part of gang of the criminal network of the region creates a bridge of demand and supply.  But it cannot be denied that only the socio-cultural environment creates a market for sex.  The market of sex is also created through liberal sex environment through the instigation through porn and glamourisng sexual behavior in the society.  Sex is the biological need and it has a confirmed market and resources.  So, the Sex syndicates create the socio-economic environment, i.e. generating resources and creating the market for sex so that the economy of sex encouraged.

These Criminal Syndicates are run through people as forced labour and human trafficking is the route for Human Resources generation and are collected from the family system which is a socio fabric of any society. These socio fabric has a cultural affiliation which is further being exploited by the social elites to facilitate the dynamism of Transnational Criminal Syndicate.   International Relations and International Politics play a crucial role in protecting the operation of International Criminal Syndicate in the name of Race and Identity.  Crime has no identity and it is always threat to Civility which is still not touched in tune of Political Science.

Human Trafficking in Asian countries cannot be studied in isolation without evaluating the works done in the Core nations.  Core nations are the destinations, whereas the regional power in the Asian countries like China and India play a multiple role of periphery, semi-periphery and Core nation.  Human Trafficking exploits the market of cheap labour in the global environment that aspire many for the better life elsewhere.  The concept of better life is due to deliberate inadequate indigenous policies that could facilitate the aspiration of growing skills of the population.  The theory of Poverty that compel population trafficking is not complete.  Poverty is created due to corruption in the Political system in a democratic process.
Democratic process plays a crucial role in Human Trafficking.  Politicians are the feudal lords that work under the networking of supply and demand of trafficking population.  These populations not only facilitate towards economy generation for the Political regime but also earn them the Political capital.  More trafficking population creates more fund raising and political capital makes more stability in the political career.
The close network of the Political regime in a democratic system across the globe provides them an access of unorganized labour market towards cheap and uncompensated labour.  The methodology of trafficking business is based on demand and supply.  One country’s demand is fulfilled by another country’s supply. E.g. Indonesia, Laos, Thailand and Timor-Leste, have a thriving fishing industry, much of which is supported with forced labour. Men travel to Indonesia for legitimate jobs in fishing agriculture, factories, and mines, and find themselves trafficked into forced labour.  Fisheries are a large area of forced labour in South Asia, as exemplified in Thailand.  Victims are enticed by employment where there are promised decent wages and working conditions.  What is found in that labourers are forced to work long hours on ships in the waters of the destination country given the most grueling jobs, are beaten, not provided breaks or limited food, and pay a typically withheld Health regulations, along with working regulations, are not followed on these ships and have many times resulted to ship fires, which often times result in death.  Similar conditions and experiences are common in factories and construction.  Employers take advantage of human trafficking due to the cheap labor they provide and the limited pressure to abide by state regulations (State 2014; Larsen 2010).

The Demand by men looking for commercial sex and bondage arrangements lead to massive human trafficking of women from the periphery nations to the destination countries.  The political instability plays a crucial role in this.   Since the 1990s, the classic scenario in Central and Eastern Europe has been that recruiters – both male and female – coercive women into the sex trade by advertising through newspaper or job fairs seemingly legitimate opportunities including modeling or waitressing.  Especially seductive in the imploded economies of post-communist countries, such job offers promise financially desperate individuals employment, possibility to build a new life in a foreign country, and a chance to provide for their families back home.  This “employment”, of course, results in a life of sexual exploitation.  This archetypal pattern is also visible in conflict zones and in areas of extreme poverty.  In South Asia it is common for dalals (pimps) to have young girls and women to what they promise will be lucrative position as domestic servants in big cities, often in other countries.  A common trafficking route is to transport girls from Nepal, Myanmar and Bangladesh across the Indian border via land routes.  Ultimately, the girls end up in Mumbai brother or Karachi slums, from which they are sold upcountry or shipped off to the Gulf States.  Sometimes the men who buy girls enter into fake marriages with them.  In an extension of these abuses, hundreds of thousands of small children of both sexes are kidnapped and sold into sexual slavery, even by family members.[12]
Politics is usually reserved for the elite that control important economic interests in their respective regions. These local leaders are the ones who often use organized crime for their own benefit (e.g. to gain and/or maintain political control in key territorial areas and increase funding for personal and political purposes by forging strategic alliances with these networks). This becomes apparent with the type of structure that organized crime increasingly uses in this region: operating as a network (where the various links in the chain work together but are independent) rather than an organized group. Those involved are not always connected to each other and they often operate through temporary arrangements in a non-hierarchical fashion. This type of structure allows political forces to participate in the business without being subordinated to a particular group.[13]
Even though violence is still an important tool for organized crime, it often draws too much attention to the network’s activities. This is why many opt to create strategic alliances to get the State’s support (by means of action or omission). The benefit crime networks often derive from political actors is not always in the form of direct quid pro quo arrangements, but rather is paid off by a series of diffused favours. Contributions are often in the form of the omission by State institutions to take action against a crime network - in the same way that politicians can “facilitate” the business activities of legitimate interests.[14]
Alliances between organized crime and the State are not only established through traditional political leaders, but also through foundations and institutes that have important contacts (and sometimes contracts) with the local establishment. Some criminals carry out charity work around their communities to gain popular support and create a shield to protect them against state pressure.[15]
The political inadequacies in handling the gender issues that facilitate the human trafficking are that there is no collective effort in analyzing the socio-cultural criteria.  India's  current  laws  and  policies  do  not  comply  with India's  obligations  to  adopt  measures to  prevent  human trafficking  under  the  UN  Trafficking  Protocol.  The Immoral Traffic (Prevention)  Act  (ITPA)  (hereafter referred to as the ITPA) authorizes the Central Government to constitute an authority for the prevention of trafficking  in  persons.   However, outside of this  enabling  provision to  establish  such  an  authority,  the  ITPA predominantly  focuses  on  the  punishment  of  trafficking  offenses  as  well  as  rehabilitation  efforts  (i.e., rehabilitation  homes).  There is little mention of ‘prevention’ within  the  ITPA.  Furthermore,  the  ITPA  does  not address  trafficking  for  any  purpose outside of sexual  exploitation.  The Bonded Labour Act similarly neglects to create human trafficking  prevention  measures. The  Preamble  of  the  Bonded  Labour  Act states  that  the  Act is  intended  “to  provide  for  the  abolition  of  bonded  labour  system  with a  view  to  preventing  the  economic  and physical  exploitation  of  the  weaker  sections  of  people.”   However,  the  Act  does  not  address  ‘prevention’ efforts  at  any  other  point  within  the  text.[16]  The prevention measures for the trafficking population needs specific policy than laws since the implementation of the Laws becomes weak due to lack of policies.  Rehabilitation of victims is an enormous expenditure to which the system is beyond to afford, so prevention is better than cure.  The Policies need to redesign the Economic standing for the country which should be self-sufficient.  Presently under the Global Economic policies, the indigenous economy is absolutely neglected to which there is huge crisis of underdevelopment of skills that forced population to get trapped into the Crime Syndicates.  Human Trafficking is not just limited to sex slavery or bonded labour but also involved in Crimes and terror network to which no legal or Institutional framework is created to checking the flow of trafficking persons.

Although the concept of transnational crime could seldom be found in any legal text or law enforcement handbook before the last decade (Mitsilegas, 2003, p.82), today the term is commonly employed by specialists and non-specialists alike.  Yet, transnational crime is not a legal concept; it lacks a precise juridical meaning.  It remains a concept within criminology that describes social phenomena (Mueller, 2001, p.13).  The term is both sociological, because we are concerned with the understanding criminal groups or networks, and political, because transnational criminal actors operate within an international environment structured by nations-states by politics (Serrano, 2002, p.16)[17]  The dynamics and dimensions of the Transnational Organised Crime is not limited to Human Trafficking towards Sex Trade, rather is a para-community that runs through defacto order in the World of Rule of Law.  Sex Slavery is part of this brutal reality to which women and children become a public urinal in the civilized world.

In the concluding statement of this paper is that Human Trafficking is more like a captivation of the Political Capital in the name of Liberalisation and Globalisation where the State apparatus and tools are too weak and unequipped to handle the Transnational Crime Syndicate that work with the hand in gloves with the Political Establishments. Democracy in true sense is subjugated under the Feudalism, i.e. Feudalism of Human Resources and Natural Resources.  In fact, the UNODC has not addressed the Neo-slavery in the right direction, i.e. evaluating the Global licit and illicit movement due to Global Economic Policy which is under the grip of Global Central Banks controlled by Rothschild and few Royal Families and neglected Indigenous Economy that could check the trafficking of persons and making the Political Class accountable to its population in a Democratic environment.





[1] Reichel Philip, Handbook of Transnational Crime and Justice, Saga Publications, London, 2005
[2]  Carolin Liss, Oceans of Crime : Maritime Piracy and Transnational Security in Southeast Asia and Bangladesh, Institute of Southeast Asia Studies , Singapore, 2011
[3] UNODC, Bangkok, https://www.unodc.org/southeastasiaandpacific/en/2016/02/organized-crime-southeast-asia/story.html
[4]  Carolin Liss, Oceans of Crime : Maritime Piracy and Transnational Security in Southeast Asia and Bangladesh, Institute of Southeast Asia Studies , Singapore, 2011

[5] ibid
[6] ibid
[7] Ibid
[8] ibid
[9] ibid
[10] ibid
[11] ibid
[12] Hunt Swanee, Deconstructing Demand : The Driving Forces of Sex Trafficking, The Brown Journal of World Affairs, Volume XIX – ISSUE II, Spring /Summer 2013

[13] Burcher, Catalina Uribe, The link between politics and organized crime in the Andean region, IDEA, 2013, http://www.idea.int/americas/the-link-between-politics-and-organized-crime-in-the-andean-region.cfm


[14] ibid
[15] ibid
[16] India's Human Trafficking Laws and Policies and the UN Trafficking Protocol:Achieving Clarity, 2015

[17] Felsen David, Kalaitzidis Akis, AHistorical Overview of Transnational Crimes, p. 5, Handbook of Transnational Crime and Justice, Saga Publication, London, 2005.

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