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Opening her
remarks to the Studies/Jesuit Centre for Faith and Justice conference on
the ‘Future of Europe’, Doris Peschke, of the Churches’ Commission for Migrants
in Europe, placed before us the awful spectre of the many humans who die in
desperate circumstances each year as they are trafficked or smuggled into
‘Fortress Europe’. Entering Europe has become a life-threatening undertaking for
many people as the member states of the Union, possessed by the sense that
unregulated migration from beyond European borders poses a threat to the
security of states and societies, have reinforced, even semi-militarised’ those
borders against unwanted migrants. Yet the irony of this situation is that
neither the people who resort to being smuggled (or who find themselves
trafficked), nor the populations of Europe (who live with a state-inculcated
fear of irregular migration), gain any sense of security from these toughened
borders. Instead, the tendency of European Union member states to treat
migration as a security threat to their states only heightens the insecurity of
people vulnerable to being trafficked or smuggled and creates the sense of
insecurity within European populations, which comes from casting migration as a
threat rather than an opportunity. It is this strange dynamic by which state
security policies contribute to the creation of widespread human insecurity
which is explored in this article, illustrated by particular reference to the
experiences of women trafficked from Eastern to Western Europe for the purpose
of sexual exploitation.
Securing the State or Securing the People?
In discussions
in the academic field of International Politics, security has traditionally been
understood as something that states seek to acquire and achieve in relation to
one another. In this understanding, a state is secure if it can deter or defend
itself against any possible attack or any intrusion of its sovereign integrity
by another state. Achieving this kind of security rests on possession of
material resources, in particular, the military capability to deter, defend – or
even in today’s scenario, pre-emptively attack – any other state that poses a
threat. The accompanying assumption is that the citizens of a state are secure
when the state is secured in this fashion. This was the understanding of
security which held sway in international relations for a long time and seemed
to make commonsense in the world of the Cold War. Many accepted that hot war
between states was averted and societies secured from nuclear annihilation by
the balance of military capabilities existing between states.
Even
before the end of the Cold War (but certainly accelerating with its
demise), critical academic voices were asking if this understanding and
approach provided fundamental security. Is security really and only
achieved by building ‘good fences’ between states? Does resting security
on military capability enhance or actually endanger security, creating
an irresolvable sense of insecurity, one that can only be mollified by
continuous escalation of weaponry? Is it problematic to assume that a
state’s citizens are secure if they are protected from external threats?
Perhaps states are the biggest security threat to their peoples in some
contexts. Questions like these led to a rethinking of the very concept
of security throughout the 1990s. One example of such rethinking is
offered by Bill McSweeney in his argument for the revival of a second
image of security. In contrast to the prevailing negative understanding
of security as freedom from threat achieved through militarised
stand-off, he draws on the positive connotations of the term, refocusing
on security as something found in good relationships from the personal
to the political and as a quality of relationship which allows for human
freedom, order and solidarity. And, challenging the view that states are
the object and instrument of security, he writes that, on the contrary
‘security must make sense at the level of the individual human being for
it to make sense at the international level’.
Further
contributions to this debate have come from scholars of many differing
perspectives in the field of International Politics. One set of
important interventions has been that of feminist thinkers, who again
point up the tensions between state security and human security. Placing
women as the subject of security rather than the state, feminists
question whether states provide security for them, given that the
greatest threats many women face to their own security may come from
domestic violence or the ways in which discriminatory gender policies
practiced by states undermine women’s economic, social and personal
security. Moreover, in the pursuit of national security, some states
practice international policies which increase the insecurity of women,
such as the South Korean government’s agreement with the US to organise
and regulate prostitution camps around US military bases as one way of
keeping those bases in Korea or the Philippino government’s overt
exportation of female migrant labour as a source of necessary foreign
remittances.
Such
thinking in the world of academia has found its international political
expression in the promotion of a concept of human security, which has
percolated into the United Nations in particular. While not denying that
states have a role to play in the provision of security, the UN
advocates that it is the lives of human beings which must be secured. In
the recent Final Report of the Commission on Human Security, a positive
vision of security is outlined which envisages security as:
An all-encompassing condition in which individual citizens
live in freedom, peace and safety and participate fully in processes of
governance. They enjoy protection of fundamental rights and have access
to resources and the basic necessities of life.
Yet,
while the present rhetoric of the UN resonates with the thinking of
those who would challenge the orthodox comprehension of security, there
is a persistent tendency in the world of international relations for
state-centred security thinking and practice. Absent the Cold War, a
series of new security threats have been identified as necessitating
state-led responses, including the alleged threat to ‘societal security’
posed by migration, which is understood as a threat because it might
lead to the over-running or dilution of a host society by outsiders.
This understanding of migration as security threat has only been
compounded in the post 9/11 world, where suspicions surrounding the
movement of many people around the globe has been heightened, provoking
increased surveillance of borders and the ‘semi-militarisation’ of
security. As suggested at the outset of this article, however, the
ironic twist to this ‘securitisation of migration’ is the increased
vulnerability of migrants to exploitation and a heightened sense of
fear, rather than security, in the West.
Human
Trafficking as a Threat to State Security
One key
instance in which we see this tendency on the part of Western states to
regard irregular migration as a security threat is in their response to
human trafficking. Over the last decade concern about the existence and
scale of trafficking in human beings for exploitative purposes has
grabbed international attention. The most commonly cited (although
unverifiable) figure comes from the US State Department which estimates
that up to 800,000 people were trafficked globally in 2004. Of these the
majority were women and children, trafficked for the purposes of sexual
exploitation. On a European scale there are similarly vague estimates.
One piece of research by the European Parliament suggested there could
be as many as 500,000 women and girls trafficked from Eastern to Western
Europe each year. In Ireland the scale of the problem has not been
satisfactorily determined to date; however the NGO Ruhama reports
encountering 33 women trafficked for sexual exploitation over the last
two years, along with 17 more suspected cases.
Political concern about such figures has resulted in the
development of a plethora of domestic and international law designed to
end this practice. In 2000 the United Nations promulgated its
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, which has provided a widely referred
to definition of the problem. In essence it defines trafficking as the
deceptive recruitment, illegal harbouring, transporting and finally
enforced exploitation of a person. The forms such exploitation can take
include sexual exploitation, labour exploitation and the exploitation of
bodies for their organs. Although this Protocol implicitly recognises
the human rights violation done to the trafficked person throughout
their experience, the tendency in both international and domestic law
has been to treat trafficking as primarily a criminal rather than a
human rights issue. For example, the UN Protocol goes on to demand
of signatory states a strenuous law enforcement effort against
traffickers but only encourages them to respond to the needs of
victims. This ordering of priorities at the global level is replicated
at the national level as countries of destination develop laws to combat
the practice. Thus in many European states, trafficking is defined
primarily as a violation of migration law, and efforts to counter it
rest on the prosecution of traffickers and the stiffening of border
controls. The use of Carrier’s Liability legislation in recent years,
for example, has been another move aimed at preventing the arrival of
irregular migrants in Europe (whatever their circumstances be they
smuggled or trafficked, asylum seekers or migrant labourers). The sad
consequence of this focus on trafficking as a crime against states and
the integrity of their borders is not only the very weak protection
given to the victims of trafficking but, indeed, their criminalisation.
A woman suspected of being trafficked is far more likely to be treated
as an illegal immigrant, liable for deportation, than as someone whose
human rights have been violated. This is the legal situation in Ireland
today, for example, where the current legislation (the Illegal
Immigrants (Trafficking) Act, 2000) emphasises the necessity of fighting
the crime and prosecuting traffickers, but treats the victims as illegal
immigrants. In this approach Ireland is in line with most other European
states, as exemplified by Germany, where in 1997
of the 1,500 women
identified by the police as trafficked, 95% were deported.
Across Europe lobby groups are beginning to have some
success in pressing the argument upon governments that states should do
more to protect trafficking victims, by offering them safe housing,
welfare services and short term residence. Yet, even as such ideas come
into law (as may well be the case in future Irish legislation), such
rights and residency are likely to be made dependent on a victim’s
willingness to engage in supporting the criminal prosecution of their
traffickers, rather than as of right because of the violations they have
suffered. Again this approach reinforces the dominant framing by states
of trafficking as a criminal threat, subverting the ability of states to
secure their borders against irregular migration. Arguably however such
a framing is misconstrued, because it fails to recognise the ways in
which the securitisation of migration and the viewing of trafficking
exclusively through a criminalisation lens actually exacerbates human
insecurity and enhances the vulnerability of people to trafficking.
European Migration
Policies and the Creation of Trafficking
As discussed above, international political concern about trafficking
and smuggling has had the effect of a move to securitise migration by
European states. Governments have enacted laws designed to prevent
trafficking by criminalising the act and tightening constraints on all
entry into states. Yet, while it is right to define trafficking as a
crime, the great irony of these rigorous approaches to combating
trafficking through stiff migratory policies is that such policies
probably increase the incidence of trafficking and create more recourse
to traffickers and smugglers on the part of migrants. This is because
such policies are forged on a failure to recognise the existence of the
pressures which create global migration in the first instance; pressures
which exist both in countries of migratory origin and destination. As
Mike Kaye of Anti-Slavery International notes, ‘the vast majority of
people who are trafficked are migrant workers’ ; that is they are
people – more specifically women and children forming the majority of
the trafficked – who make the difficult decision to migrate for work,
often due to social change and economic troubles at home and demand for
(feminised) labour abroad, but whose chances for undertaking such
movement legally are minimised by the migration regimes practiced in
‘Fortress Europe’.
Such pressures are well illustrated by the experiences of
women trafficked from Eastern to Western Europe over the last decade.
Many of the states of the region remain infrastructurally weak, caught
in the throes of an inevitably fraught ‘triple transition’ involving the
fundamental restructuring of economy, state and nation. In some states
this gives rise to tendencies towards corruption amongst poorly paid
state officials, such as border guards, who may then comply with the
activities of traffickers. But this is not the only reason why certain
states become countries of origin for the trafficking of women. Another
underlying reason is the ‘feminisation of poverty,’ which has become a
marked facet of these changes. Gender analysis of the transition from
state socialism has revealed that women have been the primary economic
losers in the forced march towards the neo-liberal market economy.
Without legislative frameworks in operation to guard against gender
discrimination, research has shown that women have been more likely to
be made unemployed than men. One example from Ukraine suggests that
women compose up to 90% of those made unemployed in the transition. In
South Eastern Europe the shock of economic transition has been
compounded the experience of war in the former Yugoslavia. The use of
gender-based violence in these conflicts, the profiteering which
persists in destroyed economies and the on-going presence of
international peacekeepers have interacted to create a market for
trafficked women. Given these circumstances it is no wonder that many
women, often concerned to ensure family survival, are seeking to migrate
for work, to the extent that analysts now talk about a ‘feminisation of
migration’ occurring from Eastern Europe, as well as globally. Some find
ways to make these journeys within legal frameworks. For example 80% of
the 39000 visas issued to Georgians for working abroad in 2001 went to
women. Yet the ways in which migration policies are constructed mean it
is very difficult for many migrant workers to get access to the European
labour market.
As Geddes points out, Western states’ attempts to restrict
migration take several forms including the draconian type measures such
as the deportation of trafficking victims already mentioned, but another
strategy involves being very selective in terms of those who will be
allowed legal entry. This is usually restricted to certain types of
highly skilled workers (in the Irish case nurses, butchers and IT
professionals). Yet the fact remains that there is labour demand
throughout the Western world for ‘unskilled’ workers. As Sassen has
analysed, the globalised world economy has created a strong pull on
migrants from poorer parts of the world to fill jobs in the lower rungs
of Western economies. A pull felt particularly strongly by women, whose
gendered labour is required in care work, domestic/cleaning work and
‘sex work’. Moreover this is a pull that is only predicted to increase
as the population of the West ages, with Europe needing perhaps 68
million migrant workers by 2050. Yet these are current realities and
future trends which Western states ignore, with their highly restrictive
visa regimes and their failure to acknowledge the discrepancy between
their pursuit of a neo-liberalised world economy and their simultaneous
restrictions on the movement of workers.
The construction of a ‘fortress’ designed to impede
irregular migration and the pursuit of only very selective entry
possibilities are the migratory policy options currently practiced
throughout the West – but these are policies that are actually
responsible for creating a nexus between migration and trafficking.
Devoid of options to move legally, many women, children and men are
liable to enter into the experience of being smuggled and/or trafficked
in order to migrate for the work that is available in the West. Thus, as
Geddes writes, the irony is that, ‘state attempts to restrict migration
can often be counter-productive with new controls producing new evasions
(with) people smuggling and human trafficking operating as a lucrative
but illicit branch of the migration business’.
Human Trafficking:
Who is insecure?
This
paper began by suggesting that there is a strange dynamic at work in
international politics whereby state centred security policies create
human insecurity. The workings of this dynamic are clearly displayed in
relation to human trafficking. Policies which prioritise securing the
state and society against irregular migration have the strange side
effect of pushing many migrants into accessing the services of smugglers
or becoming vulnerable to the deceptive ways of traffickers. Such
policies also do little to create a sense of security amongst the
peoples of host societies, who are persuaded by state security discourse
that irregular migration is rife as a crime against the state and poses
a threat to the dilution of that society’s identity. Such discourse
leads to an ‘imputation of bogusness to all migrants’.
And yet, who is insecure in all of this if it is not those
very migrants? As has been argued above, the root causes of the
trafficking of women and children lie in insecure lives. People
vulnerable to being trafficked are people whose lives have been made
insecure by harsh economic conditions and state breakdown. The
experience of being trafficked from start to finish involves a violation
of personal security, from the initial deceptive relationship to the
physical violence used to enforce compliance with exploitation. These
insecurities are only compounded in the country of destination where the
trafficked persons, aware of their illegal status and liability to
deportation, fear both their traffickers and the state authorities.
It seems, therefore, that neither states nor people are
secured in this current dynamic. States remain vulnerable to the border
violations which will always be created by the inventiveness of
smugglers and traffickers. The insecurity of human lives is only
magnified by the impossibilities of migrating to the simultaneously
closed but demanding West. Thus in order to create real security there
is a need for a rethink which would take seriously McSweeney’s
suggestion that, ‘security must make sense at the level of the
individual human being for it to make sense at the international level’,
rather than vice versa.
In order to create such human security, the West needs to
reassess the effectiveness, consequences and ethics of its current
migration policies. There is a need to recognise the realities of the
demand for migrant workers beyond those with prized skills and to open
up possibilities for legal entry. As Jana et al remark bluntly,
‘trafficking will only become redundant when poor third world women can
travel legitimately to the first world for employment’. The question of
political willingness in the West to broach this policy option is of
course, fraught. Nor does it address the remaining ethical dilemmas
surrounding transnational migration such as whether it is morally right
for the prosperity of the West to rest on the work of second or third
world women, denied their own family life and homes, by the imperatives
of the economies and gender/social orders of the Western world. Yet,
despite these political doubts and ethical caveats, the need to reform
approaches to migration is obvious if human and international security
is to be realised. Such policy reform would require a liberalisation of
migration options, accompanied by a changed public discourse by
governments and a commitment to a rights framework for all migrants.
Given such a set of reforms there would be some chance to create secure
human lives, giving people the possibility to live in ‘freedom, peace
and safety…with their fundamental rights protected and access to
resources and the basic necessities of life’.
Gillian Wylie lectures in International Peace Studies
at the Irish
School of Ecumenics, Trinity College Dublin.
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