Silent Battlegrounds: Understanding and Combating Human Trafficking of Women and Girls in Southeast Asia 1/2

12.01.2024

Rosário Frada

Trafficking in persons is a serious crime and violation of human rights. In recent years, it has been put on top of the international policy agenda as a result of its exacerbated increase^[1]Lansink, A. (2006). Human Rights Focus on Trafficked Women: An International Law and Feminist Perspective, Agenda: Empowering Women for Gender Equality, 1(2), 45-45. … Continue reading; as of 2021, 49.6 million people live in slavery around the world^[2]Forced labour, modern slavery and human trafficking. International Labour Organisation (n.d.). https://www.ilo.org/global/topics/forced-labour/lang–en/index.htm, translating into the highest rate of modern slavery in human history^[3]Yang, E. (2016). Human Trafficking in South East Asia and Economic Empowerment. Trinity College Digital Repository. … Continue reading. One of the most notorious regions for this industry is Southeast Asia, with countries such as Thailand and Myanmar maintaining some of the highest rates of human trafficking in the world^[4]Global Organized Crime Index 2023: A Fractured World. (2023).  https://ocindex.net/report/2023/04-continental-overview.html. As of 2018, it had the second-highest prevalence of modern slavery in the world, following Western Asia. Recognising the urgent need for collective action, leaders of the Association of Southeast Asian Nations (ASEAN) convened in May 2023 in a landmark move to tackle this complex and evolving challenge^[5]Chauhan, K. (2023, May 18). ASEAN Leaders Tackle Human Trafficking at Latest Summit. The Diplomat. https://thediplomat.com/2023/05/asean-leaders-tackle-human-trafficking-at-latest-summit/.  

In Southeast Asia, over 22 million women were trafficked and forced into marriage in 2021^[6]Kurmanbekova, A., & Rahut, D. (2021, August 01). Fighting the trafficking of women and children in Asia. Asia Pathways. … Continue reading. Human trafficking is often considered gender-based harm, as women and children face higher likelihood of experiencing this form of exploitation^[7]Lansink, A. (2006). Human Rights Focus on Trafficked Women: An International Law and Feminist Perspective, Agenda: Empowering Women for Gender Equality, 1(2), 45-45. … Continue reading. According to UNODC, of the overall women and girls trafficked, over 60% of women and 25% girls are trafficked for gender-specific labour, including childcare, domestic and sex work as of 2021^[8]UNODC. 2021. Global Report on Trafficking in Persons 2020. UNODC. https://www.unodc.org/documents/data-and-analysis/tip/2021/GLOTiP_2020_15jan_web.pdf. The former Rapporteur on Violence Against Women, Radhika Coomeraswamy, officially claimed that “the lack of rights afforded to women serves as the primary causative factor at the root of both women’s migration and trafficking^[9]Truong, T. (2006). Poverty, gender and human trafficking in Sub-Saharan Africa: rethinking best practices in migration management. UNESCO Library. https://unesdoc.unesco.org/ark:/48223/pf0000143227”. Given its ability to trap women in horrendous webs of forced labour, sexual exploitation and coerced marriage, human trafficking in Southeast Asia has emerged as an evolving crime that must be understood and combatted to prevent the degradation of millions of women and girls around the world^[10]Caballero-Anthony, (2018). A Hidden Scourge. International Monetary Fund. https://www.imf.org/en/Publications/fandd/issues/2018/09/human-trafficking-in-southeast-asia-caballero. 

This prompts the following central question: What are the emerging gender-specific dynamics and challenges of human trafficking of women and girls in Southeast Asia, and how can a holistic understanding of these dynamics inform effective prevention and intervention strategies?

This dossier will shed light on the ways in which women and girls have become spaces of contestation, where battles over their autonomy, cultural dominance and law enforcement are fought. Only by understanding how they are implicated in the human trafficking apparatus may effective intervention strategies be conceptualised and the reimagination of women’s safety in the public sphere achieved.

Divided into two articles, the first one will delve into the emerging factors that drive the complexity behind human trafficking of women and girls in Southeast Asia, with the aim of providing a holistic understanding of the region’s situation to effectively analyse and evaluate the region’s international legal obligations to combat human trafficking. The second article of this dossier will focus on the multidimensional barriers to survivors’ access to justice, ending with multiple recommendations that aim at informing more effective prevention and intervention strategies. 

Climate Crisis: A New Paradigm of Vulnerabilities for Women and Girls

Climate change has created a new generation of sex-trafficking victims across Southeast Asia. As numerous studies demonstrate, women disproportionately bear the brunt of the costs of disasters when their rights are not ensured and if gender-socio-cultural and political-economic inequalities within the context of gender relations and institutions are not addressed^[11]United Nations Women. (2022, February 28). Explainer: How gender inequality and climate change are interconnected. United Nations Women. … Continue reading. This gendered vulnerability is glaringly evident in the aftermath of extreme weather events, such as Typhoon Haiyan in the Philippines in 2013. As communities grappled with the devastation, a secondary crisis unfolded, with an underground economy quickly developing which capitalised on the vulnerability of women and girls who became commodities for food, scarce aid supplies, forced labour and sex work^[12]Calma, J. (2017 May 02). Climate change has created a new generation of sex-trafficking victims. Quartz. https://qz.com/970394/climate-change-has-created-a-new-generation-of-sex-trafficking-victims. For instance, the exploitation of a 13-year-old girl reinforces the gravity of the situation, being sold to men every night, who proceeded to raping her, and taking graphic pictures and videos^[13]Calma, J. (2017 May 02). Climate change has created a new generation of sex-trafficking victims. Quartz. https://qz.com/970394/climate-change-has-created-a-new-generation-of-sex-trafficking-victims. Amongst these were foreign aid workers, demonstrating the heightened susceptibility of women and girls in post-catastrophe situations in Southeast Asia, where traffickers, including humanitarian agents, capitalise on desperation and lack of protection.

Post-catastrophe situations attract humanitarian workers, ostensibly providing aid but potentially introducing new risks. The power dynamics inherent in these situations, combined with limited oversight and accountability, may lead to instances of exploitation by individuals who weaponise their positions of trust. The complex and chaotic nature of disaster response efforts can thus create opportunities for traffickers to disguise their activities, further jeopardising the safety of women and girls who find themselves in the midst of recovery efforts. This highlights the need for heightened awareness, training and vigilance within humanitarian organisations to prevent and address potential risks of women trafficking in the aftermath of climate-related disasters.

Therefore, climate change emerges as a novel push factor for the trafficking of women and girls by destroying their livelihoods. As Professor Emma Poria claims, “When you’re degrading the environment, you’re degrading the status of women^[14]Calma, J. (2017 May 02). Climate change has created a new generation of sex-trafficking victims. Quartz. https://qz.com/970394/climate-change-has-created-a-new-generation-of-sex-trafficking-victims”; the loss of livelihoods intensifies the pressure on women to provide for the family, often becoming primary providers in the household in poor and rural communities. Such responsibility renders women more susceptible to traffickers’ deceptive offers for employment, and less likely to leave an abusive employer after they have been trafficked, ultimately suggesting that climate change itself turns the domestic space into a source of women’s oppression. This is important because according to the World Bank as of 2022, the Philippines is one of the countries most vulnerable to climate change, which scientists have linked to an increase frequency and severity of extreme-weather events^[15]World Bank. (2022, November 09). Philippines: Country Climate and Development Report 2022. World Bank. https://reliefweb.int/report/philippines/philippines-country-climate-and-development-report-2022. 

The vulnerability of Cambodia to weather variability and climate change, as highlighted by UN Women, underscores the urgent need for comprehensive strategies to address the specific challenges confronted by women and girls in the face of natural disasters^[16]UN Women. (2020). The Gendered Dynamics of Trafficking in Persons Across Cambodia, Myanmar and Thailand. UN women. … Continue reading. This is further exemplified in Myanmar, where the impact of natural disasters acts as catalyst for women fleeing the country, highlighting the complex nexus of climate change, migration and gender^[17]Aung, K. (n.d.). Safe and Fair Migration: A Feminist Perspective of Myanmar Women Migrant Workers in Mae Sot Garment Factories on Women’s Rights to Mobility and Work. Feminist Participatory Action … Continue reading. In both countries, particular adaptation challenges facing women and children have been identified, stemming from women’s lesser access to financial resources, land and natural resources, credit and financial information, as well as women’s domestic responsibilities, meaning that when a disaster affects the region, it is largely women who lack a social safety net^[18]UN Women. (2020). The Gendered Dynamics of Trafficking in Persons Across Cambodia, Myanmar and Thailand. UN women. … Continue reading. This is compounded by the fact that in Cambodia, women are not included at the national and sub-national level when preparing and responding to disasters, translating into ineffective understanding of  gender-specific needs^[19]UN Cambodia (2019, September 26). Stepping in: Women prepare for natural disasters. UN Cambodia. https://cambodia.un.org/en/26123-stepping-women-prepare-natural-disasters. 

According to a report from the UN Environment Programme, during disasters women also face heightened vulnerability to organised criminal traffickers due to disrupted communities and breakdowns in protective family and societal patterns^[20]Nellemann, C., Verma, R. & Hislop, L. (2011). Women at the frontline of climate change: Gender risks and hopes. United Nations Environment Programme. … Continue reading. Climate-related disasters such as droughts or famine may erode normal social controls and protections, leaving women and children unaccompanied, separated or orphaned^[21]Nellemann, C., Verma, R. & Hislop, L. (2011). Women at the frontline of climate change: Gender risks and hopes. United Nations Environment Programme. … Continue reading. This is compounded by the fact that many women in displaced households are living in overcrowded and under-resourced transitional housing, where they lack privacy and protection provided by social networks^[22]Nellemann, C., Verma, R. & Hislop, L. (2011). Women at the frontline of climate change: Gender risks and hopes. United Nations Environment Programme. … Continue reading. Gendered cultural codes further add to the risk they face, discouraging women from learning essential coping strategies and lifesaving skills such as how to climb trees or swim, limiting their mobility during crises and rendering them more exposed to exploitation. 

Climate change also significantly obstructs the pursuit of justice for trafficked women and girls when no system is put in place to safeguard against the risks that accompany it. Despite the alarming prevalence of modern slavery, exemplified by an estimated 400,000 trafficked persons in the Philippines in 2016 as per the Global Slavery Index, the actual number of identified victims remains drastically lower^[23]Calma, J. (2017 May 02). Climate change has created a new generation of sex-trafficking victims. Quartz. https://qz.com/970394/climate-change-has-created-a-new-generation-of-sex-trafficking-victims. The Philippines’ Department of Social Welfare and Development, which provides assistance to trafficking victims in the country, merely identified 1,465 victims in its annual report for that year, indicating a significant underreporting and intervention gap^[24]Calma, J. (2017 May 02). Climate change has created a new generation of sex-trafficking victims. Quartz. https://qz.com/970394/climate-change-has-created-a-new-generation-of-sex-trafficking-victims. In the wake of severe storms, existing efforts to seek justice and prevent trafficking are hampered, as demonstrated in Tacloban post-Haiyan, where every open legal case was dropped due to the destruction of the city prosecutor’s office. The loss of evidence, both paper and electronic files, hampers investigations and prosecutions, leaving survivors without recourse. The chaos and disruption caused by climate-related disasters also makes it challenging for legal authorities to maintain the continuity needed to secure convictions. As a result, the pursuit of justice for trafficked women and girls in Southeast Asia becomes an even more elusive endeavour in the face of climate change.

Pandemic Paradox: Shifting Dynamics Amidst Covid-19 in Southeast Asia

The Covid-19 pandemic not only intensified financial hardships across Southeast Asia but provided an opportune environment for traffickers to exploit gendered vulnerabilities. Although traditional trafficking operations faced disruptions due to quarantine measures, there was a sharp rise in online exploitation and sex trafficking throughout the region. Indeed, UN International Children’s Emergency Fund (UNICEF) asserts that traffickers swiftly adapted their business models to leverage advances in technology during the pandemic, exacerbating profit-driven human rights abuses^[25]UN International Children’s Emergency Fund. (2022, July 30). Reclaiming digital spaces to counter human trafficking and protect its victims. UN International Children’s Emergency Fund. … Continue reading. 

In this shift to online platforms, traffickers strategically reduce the risk of detection while ensuring higher profitability. The increased use of technology, particularly by girls spending more unsupervised time online, heightens the risk of vulnerability^[26]UN International Children’s Emergency Fund. (2022, July 30). Reclaiming digital spaces to counter human trafficking and protect its victims. UN International Children’s Emergency Fund. … Continue reading. The Philippines, historically known as a major source of online sexual exploitation of children^[27]World Organisation Against Torture. (2021). Women Break the Silence Gender-Based Torture in Asia. World Organisation Against Torture. … Continue reading, witnessed a surge in online abuse of girls in particular during Covid-19 lockdowns^[28]Jennings, R. (2020, December 04). Philippines Parents Pimp Out their Children as COVID Job Losses Mount. VOA News. … Continue reading. From March to May 2020, the Department of Justice’s Office of Cybercrime recorded a staggering 264% increase in online tips related to child sexual exploitation compared with the same period in 2019^[29]Patag, J. (2021, July 02). Philippines keeps Tier 1 status but convictions of alleged traffickers lacking. Philstar Global. … Continue reading. Alarmingly, protective and legal services to safeguard girls from online abuse remain grossly inadequate, lacking the necessary tools to effectively police digital crime^[30]Save the Children. (2020). Online sexual abuse of children rising amid COVID-19 pandemic. Save the Children. … Continue reading. This emphasises the urgent need for comprehensive measures to safeguard girls’ online experiences and protect them from the threat of online exploitation. The digital landscape, while offering opportunities, becomes a perilous space for girls in Southeast Asia, demanding focused attention on enhancing digital literacy, online safety and access to protective resources tailored to their gender-specific vulnerabilities.

The economic ramifications of the pandemic has further exacerbated the vulnerability of women in the region to human trafficking. In Cambodia, where women constitute about 80% of the garment industry’s workforce, fixed-term contracts contribute to employment precariousness, amplifying the power imbalance between male employers and female employees^[31]Granum, C. & Leffler, C. (2019). Overworked & exposed: short term contracts and gender issues in the Myanmar and Cambodian garment industries. … Continue reading. Constant threats of termination or non-renewal of contracts undermine the reporting of gender-based violence (GBV) in the workplace, creating a culture of silence that perpetuates GBV within the workplace^[32]World Organisation Against Torture. (2021). Women Break the Silence Gender-Based Torture in Asia. World Organisation Against Torture. … Continue reading. This power imbalance, compounded by economic uncertainties, creates an environment where exploitation can thrive, leaving women trapped in abusive situations with limited recourse^[33]Connell, T. (2021, June 01). Survey: Cambodian Workers Struggle to Survive in Covid-19. Solidarity Center. https://www.solidaritycenter.org/survey-cambodian-workers-struggle-to-survive-in-covid-19/. Moreover, the role of women as primary providers for their families accentuates the impact of pandemic-induced layoffs and suspensions, creating an intertwinement of economic and gender dimensions that results in multifaceted vulnerabilities to human trafficking faced by women in Southeast Asia.

Crucially, a 2023 UN report observes that the latest wave of human trafficking in Southeast Asia, spurred by the pandemic, diverges significantly from historical patterns^[34]United Nations Office of the High Commissioner. (2023, August 29). Hundreds of thousands trafficked to work as online scammers in SE Asia, says UN Report. United Nations Office of the High … Continue reading. Instead of outflows of uneducated and impoverished citizens for forced labour, the new multi-billion-dollar trafficking industry sees inflows of foreign citizens, some well-educated and holding professional degrees. Victims, often recruited “under the pretence of offering them real jobs”, face torture and extortion if they fail to comply or meet revenue targets, with the debt increasing when they are sold to new captors. This new paradigm places educated women too at heightened risk, as traffickers exploit their aspirations for better opportunities and educational ambitions, leveraging their desire for professional growth against them. In this way, the intersectionality of education and gender emerges as a critical factor in the changing face of trafficking, demanding tailored interventions to protect educated women who are increasingly vulnerable to this new shift in traffickers’ modus operandi. The billions of dollars generated by online scams, infiltrating the region through casinos and “special economic zones”, exposes the limitations of law enforcement across borders, intensifying the vulnerability of women to human trafficking in Southeast Asia. 

Intersecting Vulnerabilities in Armed Conflict and Development Schemes

Amid the tumultuous aftermath of the 2021 military coup d’État in Myanmar, the UN sheds light on the complex web of dynamics that unfold during conflict and political instability, fueling an alarming rise in criminal activity^[35]United Nations Office of the High Commissioner. (2023, August 29). Hundreds of thousands trafficked to work as online scammers in SE Asia, says UN Report. United Nations Office of the High … Continue reading. The breakdown in the rule of law, triggered by ongoing violence and armed conflicts, has created fertile ground for transnational organised criminal actors to expand their operations. In this volatile environment, gendered vulnerabilities come to the forefront, particularly impacting women and girls. The collusion between criminal actors and factions within the armed forces and militia groups creates a heightened risk for women, who often bear the brunt of conflict-induced displacement. As refugees emerge from these military conflicts, they become targets for human trafficking, exposing women to exploitation.

Especially during conflict, borders become hotspots for criminal activities. Many of the scam centres in Myanmar are located in weakly regulated – and often porous – border areas which are characterised by a lack of formal law enforcement structures, oversight and accountability^[36]Willemyns, A. (2023, August 29). UN: Hundreds of thousands of people enslaved by online scammers. Benar News. https://www.benarnews.org/english/news/thai/trafficking-report-08292023154531.html. Women from ethnic minorities, such as Karen, Shan, Akha and Lahu, which are affected by internal conflicts in Myanmar, find themselves particularly vulnerable to  trafficking for sexual exploitation and forced marriages^[37]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. The intricate connection between armed conflicts, displacement and trafficking underscores the intersecting gender and ethnic dynamics at play; women from minority groups are not only victims of violence and discriminated against in their home country, intensifying their vulnerability during armed conflict, but targets for traffickers seeking to exploit their vulnerability in the absence of formal law enforcement structures.

The expanding network of illegal brokers and marriage agencies across Southeast Asia is also intricately linked to the broader geopolitical landscape, notably the Belt and Road Initiative (BRI) and China-backed development projects^[38]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. As regional interconnectivity grows, so does the reach of traffickers who exploit women, particularly from ethnic or religious minorities and impoverished communities. These women, often residing in remote areas with limited educational and employment opportunities, find themselves with little choice when confronted by marriage brokers^[39]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. The intersectionality of poverty, gender and ethnicity thus also clearly contributes to the vulnerability of these women to trafficking schemes that exploit their limited choices.

Through development projects aimed at interconnectivity, traffickers may tap into increased regional connectivity to lure and exploit their victims. The intersection of gender and regional connectivity becomes pronounced as women and girls, enticed by the promise of economic opportunities, find themselves ensnared in transnational trafficking rackets^[40]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. The harrowing consequences unfold as these individuals are coerced into prostitution and fertility treatments, subjected to a spectrum of physical and sexual abuses^[41]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. In coercive situations, women’s bodily autonomy and reproductive rights are overridden, intensifying the trauma experienced by women. 

Corruption: Feeding the Trafficking of Women and Girls

Human trafficking in Southeast Asia involves a spectrum of actors, ranging from criminal organisations orchestrating trafficking operations to government officials and aristocrats. Hence, corruption emerges as a linchpin sustaining the machinery of human trafficking, posing a barrier for women victims seeking justice for GBV^[42]World Organisation Against Torture. (2021). Women Break the Silence Gender-Based Torture in Asia. World Organisation Against Torture. … Continue reading. This complex network disproportionately exploits the vulnerabilities of women and girls, with corruption emerging as a pivotal force perpetuating their victimisation. While the true extent of corruption’s prevalence remains elusive, a 2018 United Nations Office on Drugs and Crime (UNODC) report on facilitation of smuggling in Southeast Asia found sheds light on its entrenchment in the region, particularly within migration-related crimes^[43]Lelliott, J. & Schloenhardt, A. (2020).  Corruption as a Facilitator of Trafficking in Persons and Smuggling of Migrants. United Nations Office on Drugs and Crime. … Continue reading. A recent study conducted by the UNODC and the Thai Institute of Justice (TIJ) identified corruption and lack of accountability as pervasive factors underpinning crimes across governments in Cambodia, Laos, Thailand and Myanmar^[44]Lelliott, J. & Schloenhardt, A. (2020).  Corruption as a Facilitator of Trafficking in Persons and Smuggling of Migrants. United Nations Office on Drugs and Crime. … Continue reading. The victims, predominantly women, often navigate a treacherous path where corruption at multiple levels exacerbates their vulnerability.

Corruption’s multifaceted impact extends beyond a mere facilitator, weakening immigration controls, hindering investigations and prosecutions, and impeding the effective protection of women victims of human trafficking. Paradoxically, the presence of corruption may also drive trafficking: women are more likely to fall prey to traffickers if they wish to leave places where corruption affects their political, social or economic circumstances and opportunities. This way, the perception of corruption becomes a tool for traffickers to recruit and manipulate individuals. UNODC’s 2023 research contends that corruption is not just a facilitator but an inseparable component of human trafficking and smuggling in Southeast Asia, asserting that the occurrence of these crimes is impossible without corruption^[45]Khaerudin, D. (2023, November 22). Corruption Facilitates Human Trafficking in Southeast Asia. Kompas. … Continue reading.

In countries such as Thailand, high ranking military officials have been convicted of involvement in human trafficking^[46]United. H. (2015, July 24). Thai officials among more than 100 charged with human trafficking. The Guardian. … Continue reading, and in Myanmar the military openly participates in the industry, intensifying the gender-specific vulnerabilities faced by women and girls^[47]Myanmar’s military involved in cyber-slavery. (2023, October 19). PIME Asia News. https://www.asianews.it/news-en/Myanmar%E2%80%99s-military-involved-in-cyber-slavery-59387.html. In a 2011 case reported by several media outlets, multiple officials within the Philippine Overseas Employment Administration (POEA) were accused of colluding with illegal recruitment agencies to send Philippines nationals abroad. These people were placed into situations of exploitation in the destination countries^[48]Lelliott, J. & Schloenhardt, A. (2020). Corruption as a Facilitator of Smuggling of Migrants and Trafficking in Persons in the Bali Process Region with a focus on Southeast Asia. United Nations … Continue reading. Importantly, complicity is not confined to government agencies; it extends to people from businessmen and ordinary citizens, who have been widely involved in the supply chain, from guarding slaves to distribution^[49]Yang, E. (2016). Human Trafficking in South East Asia and Economic Empowerment. Trinity College Digital Repository. … Continue reading. Therefore, these criminals are often enabled and facilitated by both the public and private sectors’ corruption, demonstrating the way in which corruption has become ingrained in the region’s culture. The fact that the average citizen bribes officials to get basic items like cellphones indicates a deeply ingrained cultural issue^[50]Yang, E. (2016). Human Trafficking in South East Asia and Economic Empowerment. Trinity College Digital Repository. … Continue reading. 

Rebecca Miller, the regional coordinator of UNODC for Human Trafficking and Migrant Smuggling argues that, “discussing corruption is often deemed unimportant, highly stigmatised, unpopular and difficult to be discussed, documented and dealt with^[51]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia”. The silence and stigma surrounding discussions on corruption further entrench a system of impunity, creating an environment where low-level government employees face legal consequences, shielding the real perpetrators and obstructing investigations into exploitative situations against women and girls^[52]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. Bribery becomes a disturbing substitute for justice, infiltrating prosecutorial and judicial spheres, perpetuating a cycle of acquittals and minimal punishments for traffickers and obstructing efforts to deliver justice for female victims^[53]Zein, Z. (2020, August 20). The hidden scourge of sex trafficking in Asia. Kontinentalist. https://kontinentalist.com/stories/how-does-sex-trafficking-happen-to-women-and-girls-in-southeast-asia. 

Tackling the Trafficking of Women and Girls at the International Level

In the 1980s, the resurgence of global attention to human trafficking prompted significant international action. Two pivotal international agreements that perceive human trafficking as a transnational crime emerged in the year 2000: the United Nations Convention against Transnational Organised Crime adopted and the Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Palermo Protocol. Notably, the Palermo Protocol garnered ratification from 103 states within a few years, reflecting a shared commitment to combat trafficking beyond the scope of forced prostitution by criminalising the recruitment, transportation and exploitation of persons for all forms of forced labour. This international commitment to address the transnational crime of trafficking, particularly in its impact on women and girls, led Yury Fedetov, Former Executive Director of the United Nations Office on Drugs and Crime, to officially state that “the widespread ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children is a success story^[54]UNODC (2012). Global Report on Trafficking in Persons. https://www.unodc.org/documents/data-and-analysis/glotip/Trafficking_in_Persons_2012_web.pdf”.

Supplementing the Convention Against Transnational Organised Crime with the Palermo Protocol unveils the collective acknowledgement by participating governments that trafficking is fundamentally a criminal issue. The substantive provisions within the protocol emphasise a predominantly law-enforcement response to human trafficking, with a specific focus on protecting the rights and well-being of women and girls^[55]Pomeroy, M. (2010). Left out in the cold: trafficking victims, gender, and misinterpretation of the refugee convention’s “nexus” requirement, Michigan Journal of Gender & Law, 16(2), … Continue reading. The protocol categorises the criminal offence into three integral components: (1) the recruitment, transportation, transfer, harbouring, and receipt of persons; (2) the means, encompassing the use of force, coercion, abduction and deception; and (3) the purpose, spanning prostitution, forced labour, slavery, and organ removal. 

Importantly, the international recognition of trafficking as a form of violence against women amplifies the gender-specific dimension of this crime. The acknowledgement of gender as a crucial factor in trafficking has prompted the incorporation of gender-sensitive approaches specifically tailored to address the unique vulnerabilities faced by women and girls in several international anti-trafficking instruments^[56]Organization for Security and Co-operation in Europe. (2021). Applying gender-sensitive approaches in combating trafficking in human beings. Organization for Security and Co-operation in Europe.  … Continue reading. Article 6 of the Palermo Protocol explicitly emphasises the need to consider “the age, gender and special needs of victims of trafficking in persons^[57]UN Human Rights Office of the High Commissioner. (2000, November 15). Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations … Continue reading”, recognising the distinct challenges faced by women and girls in these situations. Additionally, Article 10 mandates gender-sensitive training for law enforcement, underscoring the importance of tailored responses to protect women and girls from exploitation^[58]UN Human Rights Office of the High Commissioner. (2000, November 15). Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations … Continue reading.  

The Vienna Declaration and the Beijing Platform of Action concur by identifying trafficking as a manifestation of gender-based violence against women and girls. General Recommendation No. 19 on Violence Against Women from the Committee on Elimination of All Forms of Discrimination Against Women further contextualises trafficking within the broader framework of violence against women, emphasising that traditional attitudes that regard women as subordinate to men or as having stereotyped roles “perpetuate widespread practices involving violence and coercion^[59]UN Committee on the Elimination of Discrimination Against Women (1992). General Recommendation No.19: Violence Against Women. https://www.legal-tools.org/doc/f8d998/pdf/&ved=2ahUKEwi4r8KY2dX”. It also links poverty and unemployment to increased vulnerability to trafficking, forcing women into prostitution, domestic work and arranged marriages^[60]UN Committee on the Elimination of Discrimination Against Women (1992). General Recommendation No.19: Violence Against Women. https://www.legal-tools.org/doc/f8d998/pdf/&ved=2ahUKEwi4r8KY2dX. Article 6 the Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) imposes an obligation on states to “take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women^[61]UN Human Rights Office of the High Commissioner. (1979, December 18). Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979. … Continue reading”. 

At the international level, the understanding emerges that trafficking is fundamentally incompatible with women’s equal enjoyment of rights, placing them at a heightened risk of violence and abuse. The United Nations Trafficking Protocol recognises the imperative to address the demand fueling exploitation, calling on state parties to tackle root causes such as poverty, unemployment, and social shortcomings that disproportionately affect women and girls.  

Regional Initiatives in Southeast Asia to Combat Trafficking of Women and Girls

Beyond international legal instruments, Southeast Asia has made significant strides in combating human trafficking, particularly concerning women and girls. The ASEAN Convention Against Trafficking in Persons, Especially Women and Children, adopted in 2015, aims to complement the global anti-trafficking framework with a focus on the protection and empowerment of women and girls. Article 6, for instance, emphasises the need for gender-sensitive approaches to trafficking, echoing the sentiments of the Palermo Protocol, and Article 7 mandates the establishment of national laws and policies that focus on the protection, rehabilitation and empowerment of women and child victims^[62]Association of Southeast Asian Nations. (2015, November 13). ASEAN Convention Against Trafficking in Persons, Especially Women and Children. https://www.asean.org/wp-content/uploads/2015/12/ACTIP.pdf. This regional instrument signifies a collective commitment to prioritise the rights and well-being of women and girls, recognising their distinct challenges within the broader fight against human trafficking^[63]Association of Southeast Asian Nations. (2015, November 13). ASEAN Convention Against Trafficking in Persons, Especially Women and Children. https://www.asean.org/wp-content/uploads/2015/12/ACTIP.pdf. Notably, states such as Thailand, Malaysia and Vietnam have demonstrated robust commitment not only by ratifying the convention promptly but by incorporating comprehensive gender-sensitive measures into their national strategies^[64]Caballero-Anthony, (2018). A Hidden Scourge. International Monetary Fund.

https://www.imf.org/en/Publications/fandd/issues/2018/09/human-trafficking-in-southeast-asia-caballero.

At the subregional level, the Coordinated Mekong Ministerial Initiative Against Trafficking mirrors the Palermo Protocol’s framework, fostering greater cooperation between states in the Greater Mekong region through bilateral agreements^[65]International Organisation Migration. (n.d.). Coordinated Mekong Ministerial Initiative Against Trafficking. … Continue reading. These often include specific provisions addressing the protection and empowerment of women and girls. This regional collaboration underscores the importance of collective efforts in addressing the complex web of challenges associated with human trafficking of women and girls in Southeast Asia. Moreover, it reflects a nuanced understanding of the gender-specific aspects of human trafficking, contributing to a more comprehensive and targeted approach in the ongoing battle against the trafficking of women and girls in Southeast Asia.

Navigating the Complexity of Combating Trafficking of Women and Girls in Southeast Asia 

The first article of this dossier has critically analysed the several aspects in the Southeast Asian region that create fertile grounds for the gender-specific dynamics of human trafficking, placing women and girls at specific risk. These include the effects of climate change, the Covid-19 pandemic, conflict, development projects as well as the entrenched corruption that permeates the region in multidimensional ways, which create significant concerns regarding women and girls’ protection. The lack of gender-specific coping strategies for climate change, combined with the several actors entering the region for humanitarian assistance and the interconnectivity created through development projects, women and girls are not only more exposed to risk but see their right to access justice obstructed. This section also makes clear that the several intersections between gender, ethnic identities, economic autonomy, and living conditions must be understood for an enhanced protection system towards women and girls.

Afterwards, it investigates several central international and regional legal instruments not only as a way to understand the steps and measures that have been taken in the ASEAN region to prevent and combat human trafficking, especially that of women and girls, but to comprehend the ways in which these fail or succeed so as to inform more effective prevention and intervention strategies. 

After highlighting the gaps between the legal landscape and current realities which disproportionately silence women and girls who fall victims to human traffickers, the next article will analyse the several factors that contribute to the lack of access to justice for women, centering on the fragmented protection in the legal framework and stigma associated with trafficking. It ends by proposing essential recommendations for women and girls in the Southeast Asian region to enjoy the fulfilment of their human rights.

To quote this article : Rosário Frada. (2024). Silent Battlegrounds: Understanding and Combating Human Trafficking of Women and girls in Southeast Asia 1/2. https://igg-geo.org/?p=17598&lang=en 

To read the second article : Rosário Frada. (2024). Silent Battlegrounds: Understanding and Combating Human Trafficking of Women and Girls in Southeast Asia 2/2. https://igg-geo.org/?p=17627&lang=en

The statements in this article are the sole responsibility of the author.