Chapter 1. Introduction
1.1 Background and Motivation
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Chapter 1. Introduction
1.1 Background and Motivation
“Human trafficking”, or “Trafficking in Persons”, is the act of selling people and transporting them as commodities from one place to another to exploit them for commercial sex or forced labour1. It is an organized crime that has become an issue of global concern, reaching epic proportions. Thousands fall prey to traffickers on a yearly basis in their own countries and abroad. According to the UNODC, it is known as “modern-day slavery” that is growing daily, functioning without bounds in the context of international organized crime, generating enormous profit, after the selling of drugs. It is a threat to human security globally and “requires collaborative efforts of regional and international communities”. (UNODC 2018 ) The ILO estimates that “due to the covert nature of the crime, it is difficult to estimate even an inexact number of trafficked persons worldwide. Their estimates show that 40.3 million people are trafficked in the world, of whom 24.9 million are trapped in forced labour, and 1 in 4 victims are children. Women and girls make up 71% of these victims, accounting for 99% in the commercial sex industry and 58% in other sectors”. (ILO 2017)
The “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children”2, hereinafter referred to as the Trafficking Protocol, was established by the UN in December 2000 as one of three supplementary protocols to the Convention Against Transnational Organized Crime. 148 countries joined together in Palermo, Italy, to sign the Convention and the supplementary protocols. Of the 148 countries, 121 signed the Convention and over 80 countries signed the Trafficking Protocol. This event marked a significant time in history as it came to be known as the “first serious attempt by the international community to invoke a weapon of international law in the battle against transnational organized crime.”
1 https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html
2
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2 (Ezeilo 2015) The issues of human trafficking and migrant smuggling became high on the agenda of the international community.
The UN Trafficking Protocol is the main instrument to guide member states in their efforts to research the issue, criminalize traffickers, protect victims, and prevent the crime of human trafficking. As of today, 173 countries have ratified the Protocol and are, henceforth, involved in international and regional efforts to end human trafficking. (UNODC 2018) This shows that states’ efforts to comply with the UN Trafficking Protocol has become the international norm to combat human trafficking.
In Mongolia, human trafficking has been steadily growing and becoming a social problem since the early 2000s. Before then, in the 1980s and 1990s, problems of prostitution and human trafficking were not heard of in Mongolian society governed by the communist party. However, after the political and economic transition in the 1990s, many vulnerable men, women, and children were at risked to being trafficked across borders. People are subjected to forced labour in Turkey, Kazakhstan, Norway, Sweden, and to sex trafficking in China, Hong Kong, South Korea, Macau, Japan, Malaysia, Germany, Sweden, Belgium, Turkey, and the United States.
(Trafficking in Persons Report 2018) According to a research study, “between 3,000 and 5,000 people are trafficked every year”. (The Protection Project at Johns Hopkins University 2010, 35) But such estimations do not show the true nature of the crime that is growing in Mongolia.
Exact numbers on trafficked persons in Mongolia, or any other country for that matter, are hard to come by, according to international and local NGOs, due to the underground nature of the crime and the lack of reported incidents by victims.
Prior to 2002 only one case of human trafficking had been recorded in the country, but by 2008 over 300 cases were recorded and investigated due to increased involvement of local NGOs.
(Center for Human Rights and Development 2004) Escaped victims have difficulties reintegrating into society due to social stigma, emotional trauma and re-victimization by a
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society and a criminal justice system that do not understand the complexity of the crime and its’ traumatic effect on victims. They receive little assistance to overcome the trauma and almost never take legal actions against their traffickers due to fear, lack of will and support from institutions. It is common for trafficked women to be charged with prostitution and immigration-related offences.
Over the years, the Mongolian government became more involved in the fight against trafficking and has made some considerable achievements. Some successes worth mentioning include the ratification of the UN Convention Against Transnational Organized Crime and the Trafficking Protocol in 2008, and, particularly, the adoption of a law on trafficking (the Anti-trafficking Law) in 2012. Although these are important events, further measures need to be taken in order to fully meet the requirements of the UN Protocol.
The adoption of a separate law on human trafficking as well as amendments to relevant legislation, i.e. the Criminal Code, was a step in the right direction for Mongolia, however, implementation of the law is lacking and law enforcement officials do not have the capacity to criminalize traffickers under the new legislation. According to the latest U.S. Trafficking in Persons Report (TIP Report), “prosecutors dismissed up to 26 in-process trafficking due to unfamiliarity with the new Criminal Code. Authorities decreased the number of trafficking prosecutions and did not secure any convictions”. (U.S. Department of State 2018, 308) Furthermore, it was reported that the Government does not provide funding for victim protection or shelters.
There is no systematic approach to deal with this issue in Mongolia. Local NGOs have been at the forefront of anti-trafficking efforts for almost 2 decades, but lack of government support and lack of continuous funding hinders their abilities to make any real impact. There is an urgent need for an efficient response to a growing crime that is affecting hundreds yearly in a country with a small population of only 3 million.
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4 Previous studies on human trafficking issues in Mongolia are repetitive and contradictory in their quantitative analyses. Majority of studies research and discuss the situation of human trafficking and socio-economic causes. (Center for Human Rights and Development 2004) (TAF 2006) (Mongolian Gender Equality Center 2007) There is a large gap of qualitative and/or quantitative studies on the compliance of Mongolia to international instruments on human trafficking, or the overall assessment of developmental aid and methods of programme implementation. There is a need to fill this gap and provide recommendations for the government, civil society and academia on how to proceed further to protect Mongolian men, women and children from being exploited in slavery-like practices.
This study will take a closer look at the Mongolian Government’s compliance with the Trafficking Protocol and seek answers to why Mongolia's efforts to fight human trafficking are insufficient. The paper consists of 6 chapters: the first chapter provides background information on human trafficking and the situation in Mongolia, the motivation behind the study, and research methods; the second chapter discusses the global response to end human trafficking, namely the UN approach, plus regional initiatives and the contribution of the U.S.; the third chapter reviews Mongolia’s national response to fight human trafficking to comply with international obligations; the fourth chapter explains Mongolia’s legal and institutional measures; the fifth chapter explores other stakeholders’ involvement in anti-trafficking in the country (i.e. NGOs and IOs); and the final chapter concludes the paper with an overview of previous chapters, analysis and recommendations.
The human trafficking situation in Mongolia is ongoing, according to civil society organizations, and Mongolians are still trafficked overseas. This paper provides information about the efforts taken by the Mongolian government and the improved anti-trafficking situation in the country since early 2000s with the help of NGOs. Although people are still being trafficked and the situation of human trafficking has not improved, and may not improve
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for many years to come due to the complexity of the issue, efforts taken by the government has improved and that is an important development. For the situation of human trafficking to improve, there must be active involvement of the government and the use of a systematic approach to fight the crime, according to international organizations. The paper attempts to find the reasons behind improved anti-trafficking initiatives by the government to make an overall analysis of government incentives and to provide realistic recommendations to improve anti-trafficking efforts, which will improve the human trafficking situation over time.
The author hypothesizes that Mongolia’s compliance with the Trafficking Protocol is insufficient due to limitations of civil society actors to continue and sustain anti-trafficking efforts. Research evidence provided in chapters 3 and 4 regarding national and legal efforts taken by the government show that the willingness of the government to address human trafficking has increased over time and important developments were made in anti-trafficking that provide a good basis for future efforts. The thesis concludes that norm entrepreneurs in civil society influenced the government to take action and make such important developments, like the ratification of the UN Trafficking Protocol and the passing of a stand-alone law.
The author argues that Mongolia’s compliance with the Trafficking Protocol will be sufficient with increased social mobilization from influential civil society actors to pressure state decision makers via national and international routes.
1.2 Purpose of Research
The purpose of the paper is to determine why Mongolia’s efforts to fight human trafficking are insufficient, especially after the state’s commitment to ratify the Trafficking Protocol more than a decade ago. The Mongolian government has made some positive achievements in anti-trafficking efforts to adopt laws and national plans of action, but then failed to fully enforce the laws and institutionalize a system that criminalizes traffickers, provides physical and
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6 psychological assistance to trafficked victims, and prevents the underlying causes of trafficking in vulnerable communities, in order to be in full compliance with the UN strategy.
State parties to the Protocol are urged to adopt laws against human trafficking and enforce main anti-trafficking measures that fall into three categories: “1) Law enforcement measures to detect, prosecute and punish traffickers, 2) Preventive measures to reduce the likelihood that trafficking occurs in the first place, 3) Protective measures, along with various forms of assistance, for individuals who have been trafficked”. (United Nations 2000)
The adoption of the Anti-Trafficking Law by the Mongolian Government was a commemorative event for relevant local NGOs that have been working on anti-trafficking and lobbying for such a development. What was it that effectively pushed the government to adopt such a law? Who were the main actors that were able to make it happen? Why had the government stopped paying attention to the issue after the adoption of the law? Why has the U.S. State Department downgraded Mongolia’s anti-trafficking situation as ‘Tier 2 Watch list’
in 2018 from Tier 2 in the previous year?
This study aims to investigate the underlying factors/reasons for some significant developments in anti-trafficking measures on the part of the government, like the ratification of the Trafficking Protocol and the passing of the Anti-Trafficking Law. In the case of Mongolia, adopting a separate law is an important achievement for the government, in addition to increased willingness to address the crime, which shows behavioural change in the political sector.
At the same time, the study intends to study why these positive developments did not continue as ardently as they started at that particular point in time. What does it take to keep government officials interested in an issue long enough to make a significant change? Answers to these
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questions can assist local NGOs in planning different approaches to persuade and partner with government actors in the fight against trafficking in Mongolia.
1.3 Research Plan
The research will make an empirical analysis of four areas of study relevant to the assessment of Mongolia’s compliance to the Trafficking Protocol. First, it will study the international response to end human trafficking, particularly the UN approach, as well as other global and regional initiatives. This section will seek to answer the following research questions:
What is the origin of the UN concept to fight human trafficking globally? How did the concept evolve and who initiated it?
What is the UN approach to fight the global threat of human trafficking?
How does the UN monitor states’ compliance with the Trafficking Protocol?
What other global, regional initiatives are being implemented to end human trafficking?
Second, the study will review the steps Mongolia took to fight human trafficking. This section will answer the following research questions:
What gave the incentive for Mongolia to sign and ratify the Trafficking Protocol? Who were the main actors responsible?
What measures has the Mongolian Government taken to comply with the Trafficking Protocol?
Who evaluates Mongolia’s compliance with the Trafficking Protocol and how frequently?
How was Mongolia efforts to fight human trafficking evaluated over the years and what suggestions were provided?
Third, the study will analyze the changes and developments of the Mongolian legal framework in regards to prosecuting traffickers, assisting victims and preventing such crimes. This section will answer the following research questions:
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When was the “human trafficking” term first included in Mongolian law? Who were the main actors involved in this change? How did the law change over the years?
What was the origin of the law on trafficking in persons? Who was responsible for the drafting, lobbying and adoption of the law?
Who are the main actors to initiate the concept of anti-trafficking as a national response?
Which organization was responsible to promote this idea?
The fourth takes a look at the efforts of other actors and stakeholders involved in anti-trafficking in Mongolia, e.g. NGOs, IOs, and donor agencies. This section will answer the following questions:
What role do these actors play in the anti-trafficking field and who are the main actors?
What measures do they take? How long have they been working on the issue?
What is their role in the ratification of the Trafficking Protocol and the adoption of the law on trafficking in persons?
Do these actors cooperate in their anti-trafficking efforts? Is there a positive or negative environment among these actors?
What are their assessments on the Mongolian Government’s role in anti-trafficking?
1.4 Theoretical Approach and Research Method
The central question of this thesis is “Why Mongolia’s compliance with the Trafficking Protocol is insufficient?” I approach this question by, first, exploring the guiding principles of the Trafficking Protocol and explaining what “sufficient” anti-trafficking measures entail according to the UN. Second, I make an empirical analysis of Mongolia’s anti-trafficking efforts by the government and other relevant actors. And third, I analyse Mongolia’s legal and institutional framework to address human trafficking.
The Constructivist theory of International Relations teaches us that states’ interests and identities can be affected by international norms, especially those influenced by international organizations. (Finnemore and Sikkink 1998) This thesis uses constructivism and norm theory
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to evaluate the Mongolian government’s decisions to sign and ratify the Trafficking Protocol and implement important anti-trafficking measures.
This paper makes a qualitative analysis using process-tracing of the major steps taken in the last 19 years to address the issue, i.e. Mongolia’s ratification of the UN Trafficking Protocol, amendments to the legal framework, adoption of important laws and national plans of action, and the role of important actors who initiated them. The study analyses the UN approach, namely the concept of the Trafficking Protocol, and evaluates the overall efforts of the Mongolian government to comply with the Protocol – How far did they reach? How much more needs to be done?
Research on the situation of human trafficking in countries and anti-trafficking efforts worldwide have been increasing for the past two decades. However, not enough attention is paid to the situation in Mongolia. So far, international organizations (IOs) and NGOs have been implementing short-term projects and using a piecemeal approach to study current trends in ways and means of trafficking. There is a lack of a theoretical and conceptual analysis of why anti-trafficking efforts are inadequate and what would it take to raise interest of state actors on the issue. A qualitative research design is befitting to analyze Mongolia’s incentives to ratify the Trafficking Protocol and the developments that followed, as well as the lack of political motivation for compliance.
This thesis used firsthand data gathered from NGOs and IOs working on anti-trafficking in Mongolia, online data and reports from relevant governmental institutions, as well as secondary data obtained from scholarly work and reputable international and regional organizations, like the UNODC, OSCE, OHCHR, CEDAW and USAID.
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1.5 Literature Review
1.5.1 Constructivism and International norms
In the field of International Relations (IR), Constructivism is considered as a more recent theory that challenged the traditional neorealist approach of power politics and focused more on human awareness (or consciousness) and its place in world affairs, arguing that the international system is constructed by ideas, not material forces. (Jackson and Sorensen 2007 , 162) Alexander Wendt, one of the most influential social constructivist researchers in the IR field, teaches us that the system of international politics is a make-up of thoughts and ideas that can change over time. He argues that many core aspects of international relations are socially constructed and not inherent, contrary to the teachings of neorealism and neoliberalism. (Wendt 1992) Constructivists like Wendt, Martha Finnemore, Kathryn Sikkink, and Peter Katzenstein rejected neorealist conclusions about the determining effect of anarchy on the behaviour of international actors, and brought forth the discussion of identities and interests of international actors as central factors in determining behaviour.
Martha Finnemore brought the constructivist approach to the domestic level and focused on the effects of international norms on state identities and interests. According to Finnemore, norms play a central part in shaping the interests of states with the help of international organizations. International forces influence national policies and explain states what their interests ought to be, because, as she put it, “states do not always know what they want.”
(Finnemore 1996, 128) Finnemore analysed the effects of international norms on states through three cases: UNESCO’s role in teaching states to establish scientific bureaucracies, the creation of the International Red Cross and its effect on the rules of war, and the World Bank’s role in the reorientation of the anti-poverty agenda as a norm of economic policy (under the leadership of Robert McNamara). (Finnemore 1996) “Systemic constructivists such as Finnemore and Wendt stress the importance of the international environment in shaping state identities.”
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(Jackson and Sorensen 2007 , 170)
Recent developments in the IR discipline has brought more focus to the ‘ideational phenomena’.
The 21st Century brought about developments in the IR field where discussions of norms in guiding behaviour of states and international actors are becoming more prevalent. State conduct increasingly relies more on soft powers of ideas, values and norms, and less on the distribution of power. The debate is no longer on whether norms matter, it is more concerned with how, when and why norms evolve and influence change. (Bjorkdahl 2002 , 9)
The causal relevance of norms is found at state level interaction. Finnemore and Sikkink (1998)
The causal relevance of norms is found at state level interaction. Finnemore and Sikkink (1998)