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The Importance of Public Authorities' Perception for the Development of
Effective Solutions for Human Trafficking: A Case of Sexual Exploitation in and
from Kazakhstan
1008242F
Word count: 16, 522
Submitted in fulfillment of the requirements for the Degree of IM in Russian,
Central and East European Studies
School of Social and Political Science
College of Social Science
University of Glasgow
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Table of Contents
1. Introduction 5
1.1 Background of Human Trafficking in Central Asia 5
1.2 Trafficking Dynamics in and from Kazakhstan 6
1.3. Aim and Scope of the Study 7
2. Literature Review 9
2.1 Overlaps between Sex Trafficking and Prostitution 10
2.2 Legalisation of Prostitution 12
2.3 Concepts of Human Security 14
3. Methodology 17
3.1 Research Strategy 17
3.2 Research Stage 18
3.2.1 Academic Literature and Policy Documents 18
3.2.2 Newspaper Analysis 19
3.2.3 Survey Questionnaires and Interviews 19
4. Media Functions 21
4.1 The Media’s Role 21
4.1.1 State Control over Mass Media 21
4.1.2 The Media Agenda 22
4.1.3 Media Framing of Victimisation 23
4.2 Newspaper Analysis 24
4.2.1 Analysis Methods and Tools 24
4.2.2 Media Coverage on Legislative Framework 25
5. Public Policies and Legislation 30
5.1 State Policy against Human Trafficking 30
5.2 Loopholes in the Criminal Code of the Republic of Kazakhstan 32
5.3 Immigration Restrictions as Anti-Trafficking Response 38
5.3.1 The Concept of Migration Policy 39
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6. Public Perceptions 41
6.1 Survey Questionnaires 41
6.1.1 General Knowledge 41
6.1.2 Opinions on State’s Role in Combatting Sex Trafficking 43
6.2 Interviews 46
6.2.1 Source of Information 47
6.2.2 Victims of Sex Trafficking 48
6.2.3 State’s Response and Law Enforcement 49
6.2.4 Proposed Solutions and Recommendations 51
7. Conclusion and Recommendations 53
7.1 Conclusion 53
7.2 Recommendations 53
7.2.1 Promotion of Institutional and Legislative Reform 53
7.2.2 Government’s Assistance and Protection of 54
Trafficked Persons
7.2.3 Enhancing Public Awareness 54
7.2.4 Reducing Gender Discrimination and Providing 55
Economic Opportunity for Women at Risk
7.2.5 Recommendations for Further Studies 55
8. References 56
9. Bibliography 66
10. Appendices 68
10.1 List of Policy Documents and High Level Reports 68
10.2 Consent Form 70
10.3 Plain Language Statement for Survey Questionnaires 71
10.4 Plain Language Statement for Interviews 73
10.5 Ethical Approval Form 75
10.6 Questionnaires 77
10.7 Interview Questions 84
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Acknowledgements
First and foremost, I wish to express my sincere gratitude to my Glasgow supervisor,
Rebecca Kay, who has supported me throughout my thesis with her patience and
knowledge from the initial to the final level. I sincerely thank my KIMEP supervisors,
Nargis Kassenova and Didar Kassymova, whose guidance and support have enabled
me to develop an understanding of the subject. I also wish to express my gratitude to
other professors in the Department of International Relations and Regional Studies for
their encouragement in carrying out this research.
Needless to say, I am grateful for Martin Keough, my best colleague, who has always
rendered his help and utmost encouragement during the period of my project work.
My thanks and appreciations also go to all of those who supported me in any respect
during the completion of the project.
I owe my deepest gratitude to my parents for supporting me throughout all my studies
at Universities, having been a source of inspiration and patience when I was down.
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Abbreviations
ADB -- Asian Development Bank
CSW -- Commercial sex worker
EU -- European Union
HIV/AIDS -- Human immunodeficiency virus/acquired immunodeficiency
syndrome
IOM -- International Organisation of Migration
IO -- International organisation
MES -- Ministry of Education and Science
MCI -- Ministry of Culture and Information
MFA -- Ministry of Foreign Affairs
MIA -- Ministry of Internal Affairs
MJ -- Ministry of Justice
NGO -- Non-governmental organisation
OSCE -- Organisation for Security and Co-operation in Europe (OSCE
PGO -- Prosecutor’s General Office
TIP -- Trafficking in Persons
TIP Protocol -- Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children
UAE -- United Arab Emirates
UDHR -- Universal Declaration of Human Rights
UN -- United Nations
UNDP -- United Nations Development Programme
UNIFEM -- United Nations Development Fund For Women
UNODC -- United Nations on Drugs and Crime
UNTOC -- United Convention against Transnational Organised Crime
US -- United States
USAID -- United States Agency for International Development
USSR -- Union of Soviet Socialist Republics
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Chapter 1 | Introduction
The issue of human trafficking was underlined in the United Nations (UN) Protocol
To Prevent, Suppress and Punish Human trafficking, Especially Women and Children
(TIP Protocol, 1979) as a threat to national security such as migration control, and
overall human security. In 2010, the United States (US) Human trafficking Report
estimated that 12.3 million people around the world are subjected to forced labour,
and forced prostitution, both adults and children (US Department of State, 2010, p. 7).
Potential victims of sex trafficking are rural women and girls who encounter poverty,
a low standard of living, few opportunities, and are pursuing better lives and well-paid
employment abroad.
The public authorities’ perception of this issue is important not only because it can
compel citizens to recognise trafficking as a violation of human rights, but because it
can help to generate effective solutions when coupled with the cooperation of
domestic and international organisations. The huge challenge of combatting
trafficking is in how to best improve the protection of victims, prevention of the
crime, and prosecution of the criminals responsible. As the governments and their
employees in certain countries do not make a serious effort towards any of these
challenges, the elimination of trafficking is difficult to achieve.
1.1 Background of Human Trafficking in Central Asia
In Central Asia, the International Organisation of Migration (IOM) asserts that
“trafficking for both sexual and labour exploitation are the most significant in the
region” as economic, social and political instability after the collapse of the Union of
Soviet Socialist Republics (USSR) is the impetus for irregular migration to more
developed countries (Kelly, 2005a, p. 39). It is assumed that the number of trafficked
women tends to be increasing annually because there remain gender inequalities and
discrimination in domestic and public spheres against women in the region.
Moreover, Central Asian countries still encounter several problems, such as violence
against women, insufficient financial resources, state control over mass media, poor
response of public authorities, ineffective law enforcement, a lack of public
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awareness, and/or a lack of collaboration between public and societal sectors. These
remain the major obstacles to eliminating human trafficking.
As in many regions, it seems that the actual number of trafficking victims in Central
Asia cannot be accurately ascertained due to the lack of reliable quantitative data on
trafficked women (Falkingham, 2005, p. 354). Non-governmental organisations
(NGOs) and/or international organisations (IOs) are thus unable to identify and
promptly assist victims inside and outside the region.
1.2 Trafficking Dynamics in and from Kazakhstan
Trafficking dynamics in Kazakhstan are characterized by its geographical location
and economic stability. “It has become a popular destination for Central Asian
migrants” and remains a source, destination, and a transit country for trafficking
(IOM, 2011, p. 2).
As in other Central Asian countries, local markets or “bazaars”, for example, are
highlighted spots for illegal and domestic labourers to “sell their hands” for very little
money (Kelly, 2005a, p. 56). In the labour markets, it is possible to see a sex trade of
women and children as young people are in high demand. They are “less likely to be
targeted by corrupt police” because they work harder than adults and cause less
problems regarding their obedience and health status (Kelly, 2005a, p. 57).
The number of women trafficked from Kazakhstan has experienced rapid growth,
recently estimated to range between 4,000 and 7,000 annually (The Protection Project,
2009, p. 322). They are trafficked to other foreign countries such as Russia, China,
Azerbaijan, Greece, Israel, the United Arab Emirates (UAE), and Turkey for the
purpose of forced prostitution (The Protection Project, 2009, p. 322). It is important to
note that the range of destination countries also manifests “levels of connection
between locations where organised crime is known to operate and also broad
networks of international organisation of trafficking” (Kelly, 2005a, p. 47-48).
Not only are local females subjected to sex trafficking within Kazakhstan, but also are
those from other countries such as Uzbekistan, Russia, Kyrgyzstan, Tajikistan, and
Ukraine (The Protection Project, 2009, p. 322). The Almaty International Airport, for
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instance, has become one of the “preferred exit routes” of intra-regional trafficking
(Kelly, 2005a, p. 49). The flow of trafficked women to the airport raises the question
of whether there exists corruption between organised crime groups and state officials
in relation to the migration controls (Kelly, 2005a, p. 49). Moreover, Kazakhstan has
also become a destination for trafficking in minors despite the penal code against
trafficking in minors (Article 133). It is estimated by the Kazakhstani police that a
third of street prostitutes are underage. Most of them are from destitute families in
rural areas (Kelly, 2005a, p. 61).
1.3 Aim and Scope of the Study
This research project gives particular attention to sex trafficking of women. Primarily,
it aims to examine the importance of Kazakhstani public authorities’ perception of sex
trafficking issues through its relevant policies and legislation and how it influences
the development of effective solutions thereto. This is because trafficking is described
as an urgent issue that the state and public sectors need to deal with.
The intention of the dissertation is not to blame the Kazakhstani public authorities for
the persistence of sex trafficking of women. The dissertation will only contribute to a
wider understanding on gender-based issues and security issues: how comprehensive
legal frameworks can limit the range of sex trafficking; and how human security
should be included in national and/ or political agendas in order to create the more
effective solution? Finally, the dissertation intends to support collective action in
combatting trafficking on local, national, and international levels while more
assistance to trafficked victims should also be provided.
The dissertation is divided into 6 main chapters:
Chapter 2 reviews academic literature regarding definition paradigms of sex
trafficking and prostitution, international debates on legalisation of prostitution, and
concepts of human security as mechanism to stop the traffic. This chapter discusses:
how the ambiguous definition of sex trafficking versus prostitution impede the
estimation of the number of victims and the combat of trafficking in particular;
whether or not legalised prostitution can alleviate violence against voluntary and
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involuntary sex workers and limit the number of trafficked women; and why the
extent of human security and societal security should be included in the range of
national security.
Chapter 3 consists of an analytical evaluation of methodological approaches and
limitations, and a description of the research process about reviewing literature,
analysing the media’s function, and conducting survey questionnaires and interviews.
Chapter 4 explains the current media’s depiction of sex trafficking as a consequence
of state control over mass media, the media agenda, and media framing of
victimisation affecting public understanding of sex trafficking. It also examines the
media coverage of sex trafficking in Kazakhstan by considering the local mass media
outlets.
Chapter 5 analyses Kazakhstani policies and legislation about human trafficking.
Particularly, it examines loopholes of the Criminal Code of the Republic of
Kazakhstan with respect to prosecuting of traffickers and perpetrators and protecting
women from being punished as criminals. There is also an analysis of migration
restrictions as a method to decrease the number of trafficked women while it is argued
that this method contributes to the increased dependency of women on illegal
migration process and the exclusion of illegal migrants from state’s legal provisions.
Chapter 6 explores public perceptions on general understandings about human
trafficking, attitudes towards female victims and state’s role in combatting sex
trafficking of women by means of questionnaires and interviews with Central Asian
populations.
Chapter 7 is a conclusion of research findings and recommends the improvement of
legal and institutional framework, gender inequality, public awareness, and economic
opportunities for women as to eliminate sex trafficking of women. This part also
provides a recommendation for further studies in relevant issue.
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Chapter 2 | Literature Review
The estimation from the United Nations in 2003 shows that trafficking for sexual
exploitation accounts for 80% of trafficked persons globally, the majority being
women and children (O’Connor and Healy, 2006, p. 1). It has been argued that the
presentation of victims in sex trafficking and forced prostitution, which has been
acknowledged through activists, mass media, or politicians, is exaggerating the
magnitude of prostitution and trafficking in order to serve interests of a particular
group through the questions of morality, ethics, right, freedom, and agency of the
women (Wietzer, 2007, p. 448; Robinson, 2008, p. 11).
The terms “sex trafficking” and “prostitution” are needed to differentiate between
paradigms explaining sex-work conditions and facilitate specific policies and
legislation to protect women from violence. In this extent, legalisation of prostitution
has introduced alternatives methods to alleviate male violence as well as limit sex
trafficking in women, the opponents argue that the concepts of rights, agency, and
freedom are still deprived from sex workers, whether willingly or not (O’Connor and
Healy, 2006, p. 12). Several studies (O’Connor and Healy, 2006; Raymond, 2003;
Ekberg, 2004) have considered legalised prostitution as worsening the situation. Not
only does it not protect women and girls from violence, it is alleged to contribute to
“the treatment of people as things” (Day, 2010, p. 828). Nevertheless, it is difficult to
differentiate sex trafficking and prostitution or estimate an increase of women
trafficked after the legalisation. A number of articles support neither a positive nor a
negative claim, as there is insufficient evidence for either (Day, 2010, p. 819; Weitzer,
p. 2007, p. 459).
Another long-term solution proposed by certain authors (Paris, 2001; Clark, 2003;
Muthien, 2000; Panic, 2009; Bilgin, 2003) aims to prevent trafficking, protect women
and prosecute traffickers in a wider range of human security concept. Friesendorf
(2007) offers an additional concept, security governance, which describes networks
between governments and civil societies to combat human trafficking. Overall, the
two groups of authors pay serious attention to increasing the role of various sectors in
a country in the establishment of comprehensive actions against trafficking.
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2.1 Overlaps between Sex Trafficking and Prostitution
The problem of interpretation of the definition of women in sex trafficking versus
prostitution impedes legal implementation and enforcement to protect them from
violence. Women can be considered victims of sex trafficking, workers of voluntary
prostitutes, or criminals of illegal migration or illegal prostitution. As the debate over
women’s agency and freedom remains active, the terms have not yet brought about
comprehensive solutions for women in all types of sex businesses.
The term “sex trafficking” is most frequently defined as a “severe form of trafficking”
induced by force, deceit, or compulsion through “recruitment, harboring,
transportation, provision, or obtaining of a person for the purpose of the commercial
sex” (Day, 2010, p. 819). The Palermo Convention of 2000, which is supplemented
by a Protocol against trafficking (Day, 2010, p. 819), also includes “the exploitation
of the prostitution of others or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude or the removal of organs”
(Day, 2010, p. 819). As such, the given definitions connect sex trafficking closely
with prostitution, but in fact it is argued that several cases reported are also related to
illegal migration (Day, 2010, p. 819).
Weitzer (2007) observes that the terms sex trafficking and prostitution are
problematic because a number of studies about these issues mainly emphasise moral
claims about “public perceptions and of social problems” or “the dynamics of
institutionalisation in state policies” instead of the protection of women in the sex
work from violence (p. 448). Anecdotes about morality of sex trafficking and
prostitution create public opposition against the commercialisation of a woman’s body
as well as an image of traffickers who “[enslave]” women in an “abject state” (Day,
2010, p. 819).
To illustrate the structural violence of men in the society, a report by O’Connor and
Healy (2006) points out that the precipitating causes of sex trafficking and prostitution
are attributed to “the same socio-economic and political factors” such as limitation of
economic alternatives, high risks of unemployment, discrimination against women,
and political exclusion of women (p. 6). On this view, Robinson (2008) argues that
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such factors cannot explain the inducement of women to sex trafficking and
prostitution. Rather, according to her, the very consideration of these socio-economic
factors is the impetus for their vulnerability, a discursive attack on their agency,
which contributes to realisation of their “subordinate role and dependence” (p. 7). Day
(2010) backs Robinson’s idea (2008) by demonstrating the paradox of the view on
commercialisation of women’s body (p. 828). For her, whenever trafficked victims
are considered in the context of human rights, people are only concerned with “part of
the person” instead of the essence of “the whole person” that should be protected
(Strathern, 2005, p. 111 cited in Day, 2010, p. 828).
According to some, the contemporary understanding of sex trafficking and
prostitution is resultant of “moral panics” (e.g. Doezema, 1999 cited in Day, 2010, p.
820). Robinson (2008) supports the idea of Weitzer (2007) that social conditions are
problematic (as cited in Robinson, 2008, p.11). As different interest groups attempt to
“redraw or bolster normative boundaries and moral standards” and aim to “[relieve]
victims and [punish] evildoers”, it is impossible to ascertain the real conditions of sex
trafficking and prostitution (Wietzer, 2007, p. 448). Adding to Weitzer’s ideas,
Robinson (2008) considers “the ethics of sex trafficking” beyond “moral crusade” or
“moral panics” (p. 5). She questions whether or not women’s responsibility and care
in households should be considered good or evil in societies, whether or not an image
of women in sex trafficking and prostitution should be appropriated as an “defenseless
victims” (Robinson, 2008, p. 3). Like Weitzer (2007) and Day (2010), Robinson
(2008) sees the necessity to understand the two terms in broader contexts by offering
the impact of “relations of authority and power” that motivate or preserve the moral
views through legislative tools (Walker, 1999, p. 75 cited in Robinson, 2008, p. 12).
The hot debate regarding definitional overlap between sex trafficking and prostitution
also involves the language of “compulsion” and “choice” that are both used by
Western frameworks to examine “the exchange of women” (Day, 2010, p. 817).
O’Connor and Healy (2006) maintain that women are categorised into “two classes of
females”: those who are forcibly prostituted or trafficked, and those who are assumed
to consent to any forms of violence by accepting money from clients (O’Connor and
Healy, 2006, p. 12). Although Raymond (2003) agrees with O’Connor and Healy
(2006) that prostitution is “harm to person” (p. 14), she claims that it is untrue that
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women have no choice (p. 13). Studies by Raymond et al. (2001, 2002) show that
women enter prostitution because they lack “other options” and that prostitution is
considered their “last choice” (as cited in Raymond, 2003, p. 13). With this regard,
Day (2010) argues the idea of anti-trafficking groups such as the Poppy Project,
which asserts that women in prostitution are not free agents but absolute victims
across the whole economy (p. 818). She refers to Ward and Day’s study (2006),
which found that a majority women experienced deception or coercion from sex
work, but a few (five of seventy-seven) followed from the 1980ss to 2002 decided to
be prostitutes because of their boyfriends who turned later turned into pimps (as cited
in Day, 2010, p. 825).
In the context of definitional paradigms, there remain some authors who discourage
the dissociation of prostitution from other forms of violence against women (Ekberg,
2002 cited in O’Connor and Healy, 2006, p. 27). Others suggest the stories about sex
trafficking and prostitution are repeated to “search for a cure rather than investigate
the aetiology,” while the terms “consent” and “choice” of sex work have numerous
phrases to delineate and explain but the descriptive terms of coercion and gender have
not been yet analysed (Dewey, 2008, p. 48 cited in Day, 2010, p. 819).
2.2 Legalisation of Prostitution
As the definition of sex trafficking versus prostitution in both academic research and
policymaking are still ambiguous, the prevention of trafficking, the protection of
women in sex businesses, and the prosecution of traffickers are difficult to achieve.
The idea of legalised prostitution is proposed by some authors (for example, Weitzer,
2007) to replace the endless debate over whom to protect with comprehensive social
and legal provisions. In doing so, the case of the Netherlands have been primarily
regarded as proof of the effectiveness of legalised prostitution towards limiting the
number of trafficked victims as well. Another group (Erkberg, 2004; Raymond, 2003;
O’Connor and Healy, 2006; Siegel, 2009) has a contrasting point of view about
legalised prostitution. This group is affiliated with those who support the Swedish
laws, claiming to take high priority to protect women and girls from all forms of male
violence by decriminalising prostitution but punishing sex purchasers instead. The
authors in this second group assert that male demand is one of root causes of sex
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trafficking and prostitution. For them, legalisation of the whole sex businesses means
the normalisation of male violence against women and the commercialisation of
exploitation of women for male interest.
According to the Netherlands’ law in 2000, legalisation of prostitution aims to
“legalise the adult, voluntary prostitutes (male and female) who possess a valid
municipality permit, certifying that it has fulfilled the legal requirements to operate”
(Daalder, 2007 cited in Siegel, 2009, p. 6). At this point, it has been argued by anti-
prostitution and –trafficking parties such as O’Connor and Healy (2006) that
prostitutes still cannot access labour rights to protect and improve their lives despite
legalisation of prostitution (p. 12). Some, like Raymond (2003), claim that certain
women in legalised sex industry refuse to register or receive health checks despite
legal requirements to do so (Schelzig, 2002 cited in Raymond, 2003, p. 7). However,
this superficial claim does not provide the reason of those women in the research.
Arguing for the legalisation of prostitution, Weitzer (2007) raises a “sustainable
model” of legal brothels in Queensland, Australia that successfully provide sex
workers with “healthy, crime-free, and safe” working conditions (p. 458). The extent
of safety in an indoor work place is disputed between Raymond (2003) and Siegel
(2009). The former opposes legalised prostitution as it brings all sex workers,
including street prostitutes, to work in closed places where they have less protection
and cannot meet others who might assist them out of prostitution (Aghatise, in press
cited in Raymond, 2003, p. 7). By way of contrast, Siegel (2009) considers the job of
street prostitutes the most “dangerous and vulnerable to organised crime activities” (p.
8). Although she seems to encourage legalisation of prostitution in the Netherlands,
Siegel (2009) does not forget to point out distinct weaknesses of the law. As it does
not offer social security and protection to sex workers from outside the European
Union (EU), they have to leave the Netherlands to a new destination; or they may
enter illegal sex business instead (Siegel, 2009, p. 6). Hence, another argument
against legalised prostitution claims that it expands illegal street prostitution and sex
trafficking sounds reasonable (O’Connor and Healy, 2006, p. 16; Raymond, 2003, p.
7) despite the fact that there is no “casual link between legal prostitution and
trafficking” in the empirical research (Weitzer, 2007, p. 457).
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2.3 Concepts of Human Security
The concept of human security was first addressed in the 1994 Human Development
Report, published by the UNDP (Human Development Report, 1994 cited in Paris,
2001, p. 89). According to the report, the concept of human security includes “safety
from such chronic threats as hunger, disease and repression and protection from
sudden and hurtful disruptions in the patterns of daily life--whether in homes, in jobs
or in communities” (Human Development Report, 1994 cited in Paris, 2001, p. 89). In
this thread, the authors who support human security see poverty and discrimination
against women as root causes of sex trafficking and prostitution (Muthien, 2000, p.
48; Paris, 2001, p. 97; Bilgin, 2003, p. 203; Clark, 2003, p. 247; Friesendorf, 2007, p.
381; Panic, 2009, p. 30). As the state agenda centres only on a traditional concept of
military security as a whole, it fails to distribute adequate national resources and
welfare to its citizens (Muthien, 2000, p. 48; Panic, 2009, p. 30; Paris, 2001, p. 97).
The main point of human security proponents is to move beyond the consideration of
victims and criminals in order to promote comprehensive cooperation between
various sectors on the local, national, and international levels. Just as with sex
trafficking and prostitution, various authors have interpreted the term human security
differently in specifying what should and should not be covered therein.
Muthien (2000), Paris (2001) and Panic (2009) recognise the narrow coverage of the
traditional security approach, which lacks the attention to fundamental human rights
such as protection of persons and societal groups from hunger, poverty, or violence.
Like Muthien (2000), Panic (2009) offers a non-traditional concept of security that
covers political, economic, societal, and environmental aspects (p. 30). At the same
time, Bilgin (2003) supports a new concept of security by referring to Booth’s
argument (1991) that human security, or “individual security”, should be prioritised as
the traditional security approach does not provide a better understanding of
insecurities of individuals and societal sectors within state borders (p. 208).
There are few countries that establish a concept of human security as to promote
rights of individuals and societal groups (Paris, 2001, p. 87). Canada and Norway
were the first two countries to stress human security networks between states and civil
societies (Paris, 2001, p. 87). Nevertheless, Paris (2001) points out that the broadly
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defined term of human security from the UNDP's 1994 report can bring about
different policy outcomes in different states (p. 90). For example, Canada focuses on
the “freedom from pervasive threats to people's rights” and “safety or lives” (Ministry
of Foreign Affairs of Canada, n.d. cited in Paris, 2001, p. 90). Simultaneously, the
concept of the Japanese government includes “violations of human rights”,
“transnational organised crime”, “refugees”, “poverty”, as well as “acquired
immunodeficiency syndrome (AIDS)” (Ministry of Foreign Affairs of Japan, 2000
cited in Paris, 2001, p. 90).
However, it is suggested that the state cannot be expected to provide security to its
citizens at all times as states can respond to all the demands from various groups
(Booth, 1991 cited in Bilgin, 2003, p. 208). Panic (2009) shifts the “reference object”
of security from the state to society instead (p. 31). He, Friesendorf (2007) and Clark
(2003) regard the contributions of societal actors towards establishing sustainable
security with great importance. However, Friesendorf (2007) puts more effort into the
promotion of transnational cooperation between societal actors in different networks
because security-based problems are multifaceted (p. 384-385). On the contrary,
Clark (2003) argues that it should be the state that maintains human security as it is
related to state’s functions in terms of creating policies and laws to protect the
populations within the borders (p. 248).
Considering human security in the context of trafficking, Friesendorf (2007) points
out that current stories about trafficking are do not address the root causes of
trafficking, such as socio-economic problems, which incentivise women to escape
from their countries (p. 381). Then again, Paris (2001) suggests that it is important to
understand that socio-economic factors do not contribute to increased or decreased
human security as the concept and its evolution are also related to other factors such
as “physical security”, “cultural and psychological well-being” (p. 93).
Friesendorf (2007) and Clark (2003) propose that, in order to solve the problem, the
countries of origin, transit, and destination all must work collectively to combat
trafficking. Clark (2003) agrees that the state has a leading role in counter-trafficking
(p. 248), whereas Friesendorf (2007) argues that the government may exacerbate the
situation. This is because the government only emphasises anti-trafficking
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programmes when trafficking is connected with other criminal activities such as the
drug trade or weapon smuggling (p. 382). Muthien (2000) agrees with this idea,
offering that the state’s biased legislation and policies contribute to the persistence of
violence and discrimination against women (Mackinnon, 1987 cited in Muthien,
2000, p. 52). Hence, the role of the private sector, civil society and IOs in tackling
human trafficking should be increased, as the former are closer to the problem as well
as the trafficked persons (Arguilla and Ronfeldt, 2001 cited in Friesendorf, 2007, p.
385).
Friesendorf (2007) points to the insufficient protection of victims as a major problem.
According to him, anti-trafficking actions conducted by NGOs and IOs only pay
attention to some programmes, such as establishment of shelters, while other aspects
such as job training, or medical and psychological treatment are less supported
(Friesendorf, 2007, p. 392-3). Furthermore, Friesendorf (2007) suggests that, in order
to better contribute to public understanding of the problem, prevention programmes
should focus more on economic and social root causes as the impetuses of those who
emigrate (p. 394). Alternatively, Paris (2001) explains that the deficiency of
protection is resultant from dependency of those organisations on state subsidies and
“political strategies” in order to achieve the goals of their protection programmes
(95). Overall, Clark (2003) warns that people should be more aware that the funds
given to programmes might be spent for other purposes in the country of origin where
economic hardships still push women to seek a better life abroad (p. 260).
Among all the authors, only Friesendorf (2007) considers prosecution of traffickers as
a crucial element in the elimination of trafficking (p. 392). He defends his idea by
referencing the UN Protocol (2000), which supports harsher punishment against
perpetrators of trafficking factor as, at present, judiciary bodies do not take human
trafficking seriously and sentences for traffickers remain lenient (UNHCR, 2005
citing Friesendorf, 2007, p. 391). Others, like Clark (2001), see the provision of
victims with assistance and protection from traffickers, decriminilisation of victims
and improving officials’ training in methods such as counterfeit document detection
as better methods of combatting trafficking (p. 257). For her, both government and
non-governmental programmes should treat trafficking victims as humans and
according to basic human rights (Mattar, 2002 cited in Clark, 2001, p. 259)
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Chapter 3 | Methodology
While the main emphasis of the dissertation is merely in regards to security and
gender-based issues, many different sorts of materials are required to ascertain the
causes and effects of the persistence of sex trafficking in and from Kazakhstan. It is
necessary to narrow down the scope of the research in order to comply with time
limitations. Moreover, the sensitivity of trafficking issues was unavoidable because
they are associated with both state agencies and individuals, each of which have their
own reasons to be concerned about full disclosure.
3.1 Research Strategy
The consideration of research quality is important because the results of research can
produce knowledge applicable for real-world situations or initiate implications for
policy and project implementation in the near future. This research study engaged in a
mix of methodologies, using broad quantitative and qualitative approaches including
structured questionnaires and in-depth interviews in order to make research
methodology match the research questions and hypotheses (Kelly, 2005a, p. 236).
The positivist approach of quantitative research methodologies, which provide
descriptive information for empirical testing, has only been reliable in the past (Levy,
2003, p. 369). Presently, it fails to explain the participant’s perception on the problem
and the factors leading thereto (Levy, 2003, p. 370). In this case, a qualitative method
is one of the most implemented to account for this limitation. It allows the researcher
to “work closely with participants within an organisation and collect information
pertaining to their personal thoughts and experiences” (Levy, 2003, p. 370). Although
the combination of two orientations in a single project might be criticised for being
“more complex, costly, and time-consuming”, this method suggests a reflective
analysis of public opinions on trafficking issues (Fry, G., Chantavanich, S., and
Chantavanich, A., 1981, p. 146). In addition, it offers a better understanding of gender
and legislative paradigms that shape individual views.
However, both approaches face certain obstacles for the collection of a range of
information about sex trafficking in and from Kazakhstan. First of all, a lack of
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systematic data collection and a lack of supportive agencies that effectively work to
survey and assist in this field are key problems of the research. As the recent statistics
about sex trafficking and prostitution are examined from a few cases of identified
victims, the figures reported by organisations and governments are considered
unreliable due to a lack of “methodological transparency” (Wietzer, 2007, p. 456).
The under- and overestimated figures reported from different sources can mislead the
researcher as to the given intensity of human trafficking and hide the real number of
trafficked victims due to the vague distinction between trafficked victims, prostitutes,
and illegal migrants. Unfortunately, it is out of reach for the research to create a new
definition for trafficking, smuggling or migration to calculate the inestimable data of
trafficking. Nor did it provide any insights into personal experiences of the
participants. It solely encourages an understanding of trafficking in a wider analysis
and reassures the importance of the public authorities to develop and implement
national policies and legislation to promote public awareness and combat trafficking.
3.2 Research Stage
3.2.1 Academic Literature and Policy Documents
The first stage was developed from analysis of literature and articles on human
trafficking and migration, prostitution, media framing, human rights and human
security, development, and globalisation. Relevant articles were chosen from both
mainstream and alternative scholars who make arguments on a range of sex
trafficking and prostitution, such as consent versus compulsion, legalisation versus
criminalisation, or morality versus responsibility of women. Moreover, the state's
position for the combatting of trafficking was gleaned through examination of
national policies and legislation.
There is a particular set of local and international reports dated between 2008 and
2012 from local and international organisations. This is because most of the reports,
especially from the U.S. Department of State and the UN agencies, provide almost the
same sort of information about trafficking every year. All of the reports are accessible
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from Internet databases. A list of the policy documents and high level reports can be
found in Appendix 1.
3.2.2 Newspaper Analysis
This stage was conducted by collecting data from three online newspapers of
Kazakhstan, namely the Karavan, the Express-K and the Kazakhstanskaya Pravda as
they store a yearlong database of news outlets in relation to sex trafficking in
Kazakhstan. However, only the publications between 2008 and 2012 were drawn
from Internet databases as prior to the year 2008 there exist very few stories related to
sex trafficking in the Kazakhstani media.
The web-based content analysis was carried out through using a few keywords on the
search engine of each website, such as sex trafficking, human trafficking, sex slave,
prostitute, and prostitution. It explained how the topic of sex trafficking relating to
gender-based issue appears in the media, i.e. what content emphases it receives in
reporting, which aspects are dealt with and which are absent, the implications of
framing trafficking in the media, and how these help to shape a specific anti-
trafficking paradigm. Nontheless, the fact there remains a lack of official analysis
about the media response when women are exploited on a large scale indicates that
there is a problem in “the structural manifestation of representation” from the media
(Pajnik, 2010, p. 46).
3.2.3 Survey Questionnaires and Interview
Conducting questionnaires and interviews might be criticised by the qualitative
research studies for “being unrepresentative, impressionistic, unreliable and
subjective” (Fry et. al, 1981, p. 146). Nevertheless, they are both created to
understand personal thoughts of individuals that are important to the change of public
authorities’ behaviour and policy. The questionnaires query the respondents’
background (which is anonymous), their general understanding about sex trafficking
of women in and from Kazakhstan, and their attitudes in regards to the importance of
public authorities’ response to solve the problem. These were given to sixty-three
Central Asian students of KIMEP University, both men and women. Additionally,
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interviews were conducted with representatives from local organisations and an IO
working directly against human trafficking within and from Kazakhstan.
However, this part was not intended to explore deeper insights into personal
experiences of the interviewees. Rather, it illuminated certain important opinions of
organisations about the state's response and possible solutions to eliminate the
trafficking of women.
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Chapter 4 | Media Functions
This chapter has two main focuses. Firstly, it considers the impact of state control
over mass media, the media agenda, and the media depiction of victimisation in sex
trafficking. Secondly, it examines the media coverage of the legislative regarding sex
trafficking in three local newspapers.
4.1 The Media’s Role
4.1.1 State Control Over Mass Media
The local media in Kazakhstan has been controlled by the state since the beginning of
1990s (Botagarov, 2010, p. 2). The state prohibits mass media from releasing
“inappropriate” information, such as the account of illegal actions by or destructive
criticism of the government and its policies (Botagarov, 2010, p. 2). As a result of the
amendments to the National law “On Mass Media” adopted at the end of May 2001,
the state is in the right to close down local mass media outlets suspected to be
undermining national security at any time (Botagarov, 2010, p. 3). It is more difficult
for local media to publish sources and viewpoints that question the values and
legitimacy of state functions, as the majority of mass media outlets are controlled by
the Kazakhstani state. The largest electronic and printed media services are
monopolised by the President’s inner circle and important politicians (Bufalova, 2000
cited in Botagarov, 2010, p. 2). There remain very few independent media outlets in
the hands of “highly influential commercial groupings” (Bufalova, 2000 cited in
Botagarov, 2010, p. 2).
A report by the Organisation for Security and Co-operation in Europe (OSCE, 2002)
revealed that increased attacks against journalist as a result of the media stance
against corruption. The violence against journalist included beatings, unlawful
detention and other forms of harassment (p. 16). For example, there were three attacks
against journalists in July 2001 and then three reporters from the Almaty newspaper
Karavan were badly beaten in December 2001 (OSCE, 2002, p. 16). It is explained
that in most cases of the report related to criminal activities, the publications appear to
be a consequence of the media owners’ attempt to discredit competing individuals or
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groups in power while the Kazakhstani state is still capable of punishing such media
outlets through judicial means. (“Transparency Kazakhstan,” 1999 cited in Botagarov,
2010, p. 3).
Though the Kazakhstani media coverage reflects an absence of criticism on corrupt
officials involved with trafficking crimes, it cannot be argued that journalists paid no
heed to critical views of core institutions. Considering one of the amendments to the
law “On Mass Media”, one may understand that the online media makes an effort to
avoid troubling their audience (Gulati, 2010, p. 22). The registration of all websites in
Kazakhstan is required, and responsibility lies on authors, editors, media owners, and
even contributing audiences for the “publication of opinions and evaluative
judgments” towards government-related issues (Adil Soz, 2001 cited in Botagarov,
2010, p. 4).
4.1.2 The Media Agenda
According the “agenda-setting theory” proposed by Wallinger (2010), he asserts that
the media coverage can affect public perceptions about trafficking and relevant issues,
and at the same time it can also bring the problems to the public agenda (Ghanem,
1997, p. 4 cited in Wallinger, 2010, p. 7). In the case of Kazakhstan, people have been
distracted from the matter of corruption or other illegal actions due mainly to the state
controls over publications (Uderbayeva, 2000 cited in Botagarov, 2010, p. 1). Even
though the media helps to reflect the real circumstances, it still fails to raise public
awareness and pressure on the state in order to eliminate sex trafficking of women.
Some researchers (Gans, 2005; Schudson, 1980) acknowledge that the “inadequate
and unrepresentative coverage” of the media is also from the fact that certain media
primarily serves the state agenda (as cite in Gulati, 2010, p. 22). Consequently, it is
hard for its journalists to write from alternative perspectives or offer critiques that
challenge its “established beats” (Entman, 2004 cited in Gulati, 2010, p. 22).
There also remains an absence of recommended solutions from the Kazakhstani
journalists. As in many countries, journalists still lack a deep understanding of
trafficking and the analytical skills to represent its true complexity as an international
issue (Casselman, 2004 cited in Gulati, 2010, p. 23). Moreover, the “declining
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resources for investigative reporting and international coverage” may partly
contribute to “the misleading coverage” of mass media (Flournoy 2004; Ricchiardi
2008 cited in Gulati, 2010, p. 23). There is still no “systematic research” meant to
improve the media role in “meaning-making processes about trafficking” (Pajnik,
2010, p. 46). This means the media has not yet been recognised as important in the
framing of trafficking in an in-depth discourse with academic research (Pajnik, 2010,
p. 46).
4.1.3 Media Framing of Victimisation
One controversial issue has been recently that the Kazakhstani media lack a consistent
focus on human trafficking and smuggling while solutions to the problems are rarely
presented. This shows the link between state agenda and media framing in that the
Kazakhstani media aims at protecting the women in trafficking from social and legal
punishment against other voluntary activities (Hr!enjak, 2005 cited in Pajnik, 2010, p.
57). As Kazakhstani state policies and laws punish voluntary prostitutes who illegally
migrate, the media only portrays physical vulnerability of forced prostitutes from
“poor ex-communist countries” as those who are excluded from economic
opportunities in destitute societies (Jokic !, 2003 cited in Pajnik, 1020, p. 56). In
addition, today, trafficking and sex trafficking become indistinct from one another in
the global media. This affects public opinion about trafficking, as it is assumed that
the only purpose of trafficking is for sexual exploitation (Pajnik, 2010, p. 57). Pajnik
(2010) suggests that the media should focus more on the root causes of trafficking in
women in the context of “diverse personal experiences and migration patterns in a
world order that is highly gendered and racialised, as well as stratified by class,” as it
might help readers to better understand that those who commit other criminal acts,
whether voluntarily or involuntarily, can also be victims of trafficking at the same
time (Pajnik, 2010, p. 46).
In other words, there are other issues which are important than determining whether
trafficked women are criminals or victims in the multifaceted phenomenon. The
media produces the meaning of trafficking within particular discourse that excludes
the male clients from public understanding of reality (van Dijk 1985 cited in Pajnik,
2010, p. 46). According to Bindel (2006), the clients are not treated as a part of the
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situation and allowed to leave a brothel or massage parlour raided by the police before
it is examined whether or not the women are working there voluntarily (Bindel, 2006,
p. 26). In fact, male clients can be “a valuable source of information and their input
would add to the validity and balance of the story” (Bindel, 2006, p. 26). Nonetheless,
a number of media and journalists largely ignore this matter as the whole society
accepts the purchase of “sexual acts” as serving “men’s sexuality” and “sexual drive”
(Bindel, 2006, p. 26).
4.2 News Analysis
4.2.1 Analysis Methods and Tools
Though the research attempted to analyse a number of previous and current news
outlets regarding sex trafficking in and from Kazakhstan, it was not possible to study
in detail the coverage of all the main important newspapers in Kazakhstan. The
research was thus carried out through a web-based content analysis of three online
newspapers in Kazakhstan, namely the Karavan, the Express-K, and the
Kazakhstanskaya Pravda. These newspapers are unique in that they have an archive
of relevant articles on human trafficking and sexual exploitation that can be found
through an online search. The first two sources are private newspapers in Russian,
while the third is government newspaper in both English and Russian. All three are
nationwide newspapers, offering broadsheet versions as well. The target readers of the
first two newspapers are ordinary locals as the language used by the journalists is
colloquial. Only Kazakhstanskaya Pravda aims at a readership that is interested in
further issues about the proceedings of government policies and legislations.
The first step in finding relevant stories was to break down the topic into a few
keywords, such as seks trafik (sex trafficking), torgovlya ludmi (human trafficking),
seks rabynei (sex slave), prostitutsya (prostitution), zhivoi tavar (living goods), and
nochniye babochki (night moths). Secondly, it was necessary to limit the period of the
analysis to between 2008 and 2012, as prior to the year 2008 there exist very few
stories related to sex trafficking in the Kazakhstani media. Although the Kazakhstani
government has joined the UN Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others since 2004, media
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attention to human trafficking apparently only emerged after a case of forced child
labour in a region of southern Kazakhstan was reported in 2009 (U.S. Department of
State, 2010, p. 193). Tellingly, a search directly related to sex trafficking and
prostitution showed thirty-four articles on Karavan, fifty-three articles on Express-K,
and twenty articles from Kazakhstanskaya Pravda.
4.2.2 Media Coverage on Legislative Framework
The three newspapers considered the economic instability one of root causes
compelling young girls to engage in prostitution. Due to the false promises of easy
jobs, a number of women and girls were tricked into working as prostitutes inside and
outside of Kazakhstan (Koemets, 2009, n.p.; Mathalikova, 2009a). These sort of cases
reported in the newspapers mainly took place in Southern Kazakhstan, such as
Shymkent and Almaty, because a majority of the female victims were transported
from Russia, Uzbekistan, although many also ended up in cities such as Astana,
Kokshetau, Ust-Kamenogorsk, Atyrau, Aktobe and Karaganda (e.g. “Putany zdes
zaletniye,” 2011, n.p.). It was not deniable that some girls were voluntarily engaged in
prostitution with a promise of decent profits; nevertheless, Karavan and Express-K
presented their stances on victimised girls of trafficking as innocents by primarily
reiterating stories about girls who were beaten, raped, or otherwise threatened by
pimps between 2008 and 2012 (e.g. “Devochki na export,” 2011; Goncharova, 2011;
Mahmet, 2011). As for them, trafficking victims were still recognised as victims in
the hands of pimps and traffickers (Koemest, 2009, n.p.; Mathalikova, 2009a, n.p.; “V
strana dostatochno,” 2008, n.p).
The three newspapers paid a great attention to violence against trafficked women and
the existence of traffickers and perpetrators in trafficking. A journalist of Karavan
(Dzhikibaev, 2009) pointed out “If women are going to provide sex services
voluntarily they will be protected from their rabotodatelei (employers). Yet, if they
are forced to so it, this is a separate term and requires severe punishment [against
traffickers]” (Dzhikibaev, 2009, n.p.). Express-K alone was concerned that
insufficient evidence of physical violence, kidnapping, and deprivation of liberty was
thwarting legal punishment of pimps and traffickers (Mathalikova, 2009a, n.p.). The
journalist pointed out that most cases reach the courts and use Article 271-The
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Organisation or Maintenance of Whorehouses and pander to punish pimps or brothel
owners. However, most traffickers are not guilty due to the special protection
provided (Mathalikova, 2009a, n.p.). In fact, no direct media criticism of criminal
involvement of state employees was presented because the coverage mostly follows
the government-approved message without real depth of content. Still, the consistent
reports of obvious prostitution under the roofs of local hotels, saunas, and massage
parlours could imply corruption accommodating the sex business in Kazakhstan
(Dzhikibaev, 2009, n.p.; Mathalikova, 2009a, n.p).
Considering a preventive action “Stop Traffic” in prosecuting those who are involved
in prostitution or the perpetration of human trafficking, the three newspapers agreed
that it was a good starting point in enhancing official authority to inspect many places
and prevent trafficking in minors. However, Express-K objected that safety and
protection of female victims could not be guaranteed if the government officials were
still involved in criminal activities (Bilai, 2010, n.p.). Moreover, the government still
lacked professional resources dealing with the trafficking issue. At the same time, the
success of “Stop Traffic” required criminal evidence and witnesses to prove the
offenders’ guilt. As a result, very few sentences were successful (Bilai, 2010, n.p.).
Kazakhstanskaya Pravda (2008) shared a mutual concern with the Karavan (2012) on
foreign victims trafficked within Kazakhstan. Distinctively, the former encouraged
interdepartmental co-operation in the Ministry of Justice to deal with the smuggling
and trafficking issue (“V strana dostatochno,” 2008, n.p.). It asserted that the lack of
legal, social, and health services chiefly increased vulnerability of the illegal female
migrants. It relegated the women to underground employment including sex
trafficking and slavery (“V strana dostatochno,” 2008, n.p.). At the same time,
Karavan argued that foreign victims in forced prostitution should not be treated as
criminals in illegal migration as they currently are, even though the Criminal Code
does not provide penalty against prostitution (“Putany zdes zaletniye,” 2011, n.p.). In
their view it was also essential to improve Kazakh humanity and neutrality through
fair social and legal treatment or assistance (“V strana dostatochno,” 2008, n.p.;
“Putany zdes zaletniye,” 2011, n.p.)
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Express-K claimed that stricter border controls make it more difficult for migrants to
pass legally into the country, increased the incidence of prostitution; this was
supported by local pimps and traffickers (Mahmet, 2011, n.p.). One solution
recommended by Express-K was to increase the purview of punitive law such that it
works better against both big and small criminals in sex trafficking and prostitution.
At the same time, it suggested that the laws have to provide protection to trafficking
victims and witnesses, together with the prohibition of every criminal activity
including prostitution (Mathalikova, 2009b, n.p.).
In January 23, 2009, Karavan mentioned the brutal murder of two street prostitutes in
Almaty as a question of whether the “Stop Traffic” action programme was effective
(Gubaidulina, 2009, n.p.). Karavan argued that the public should be more concerned
with violence against prostitutes, as in Netherlands where legalised prostitution
guarantees legal protection for those who run to the police (Cheloveka, 2009, n.p.).
For Karavan, sex trafficking in minors would also be impossible in a situation of
legalised prostitution, as consistent checks from the police would be required
(Cheloveka, 2009, n.p.). Hence, it offered pros and cons of legalised prostitution to
the audience as it believed that legalisation of prostitution could be a means to solidify
relationships between prostitutes and employers as well as prostitutes and clients
under legal controls (Cheloveka, 2009, n.p.). However, better public understanding
and consensus on the issue were needed before any final decision about legalisation of
prostitution could be made (Gubaidulina, 2009, n.p.)
Of the three newspapers, Karavan alone possessed a more progressive coverage
format whereby the audience was welcome to leave feedback on any articles,
(Gubaidulina, 2010, n.p.). Here is a sample feedback of a male reader on the Karavan
article “Ulitsy Krasnyh Fonarei” (Red Light Street):
“I am fifty-seven years old, [I have been] without my wife for seventeen years.
I have been trying to find a new wife… all mature women need a rich husband and
have a lot of problems. Tired of this, I went to prostitutes and found what he was
looking for a minimum of time and money. So I think that prostitution is necessary
and should be legalised”. (Gubaidulina, 2009, n.p.)
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In contrast to Karavan and Express-K, Kazakhstanskaya Pravda ignored almost all
information about prostitutes, whether forced or not, in their coverage. The main
interest of the Kazakhstanskaya Pravda was presumably to disseminate the concerns
of the state and the UN agencies on sex trafficking and related issues such as human
security and protection in order to stimulate public awareness. The newspaper also
paid attention to the population’s awareness of trafficking, which so far leaves much
to be desired. It referred to the data from the Union of crisis centers that, 86% of
Kazakhstanis have never heard of human trafficking (Semenova, 2011, n.p.).
Considering this claim, Kazakhstanskaya Pravada overlooked the importance of
media’s function in offering the public to express their opinions on the newspaper or
proposing solutions to counter trafficking.
In response to trafficking, Kazakhstanskaya Pravda suggested that the awareness
should emerge in households at first. It argued that women should be more
independent from men, whereas political will of the leadership would have to support
the idea for successful development in the scope of gender equality (Khairullina,
2011, n.p.) This idea is akin to Clark (2003) in Chapter 2 that the issue of trafficking
relies mainly on the responsive combat of public authorities to ensure the protection
of individuals from harm of any criminal activities (p. 247-248). Yet,
Kazakhstanskaya Pravda stressed more on the role and function of international
organisations such as the IOM in combatting trafficking. It claimed that trafficking
became has become a transnational and international issue requiring a cooperative
programme from governments, NGOs, and IOs (“V strana dostatochno,” 2008, n.p.).
In sum, the newspaper encouraged public authorities to assist victims with access to
protection of their rights, rehabilitation shelters, as well as cooperation between local
organisations and policemen in order to eliminate trafficking, especially in minors
(Semenova, 2011, n.p.; Gubaidulina, 2009, n.p.; “V strana dostatochna,” 2008, n.p.).
In terms of recommended solutions, Karavan and Express-K argued that sexual
exploitation and other forms of violence against women and girls could be curbed by
eliminating male demand through criminalisation of clients (Gubaidulina, 2009, n.p.;
Myskina, 2008, n.p). However, none of the three newspapers paid serious attention
towards male clients while focusing on violence against girls and women. They did
not conduct any interviews with clients after the brothels were raided despite the fact
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that they displayed their stance on prosecuting clients in addition to pimps and
traffickers (e.g. Koemets, 2009, n.p.; Myskina, 2008, n.p). They represent the accurate
opinion of Bindel (2006) that the media discourse excludes male clients from public
perception as to some extent it still accepts purchasing of women for male pleasure.
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Chapter 5 | Public Policies and Legislations
5.1 State Policy against Human Trafficking
In post-Soviet Kazakhstan, violence against women has become more prevalent since
the transition period. It is assumed that pressures from unemployment and women’s
increased independence contribute to men becoming abusive toward both themselves
and especially women inside and outside of the home (Asian Development Bank
[ADB], 2006, p. 49). At the same time, women’s “double burden” to work in private
and public spheres, employment discrimination, as well as poor health conditions
contributes to the vulnerability of women and their dependence on depressed men
(ADB, 2006, p. 13). In 2005, the United Nations Development Fund For Women or
UNIFEM (2005) estimated that 60% of women in Kazakhstan have undergone
physical or sexual assault (as cited in ADB, 2006, p. 49).
The Kazakhstani government believes that poverty is a root cause of gender-based
violence, including trafficking of women. The government has made a greater effort
to alleviate “gender imbalances” in economic status and support women’s right
through development programmes in an attempt to help them be less vulnerable to
male violence (ADB, 2006, p. 13). However, Russell (1975) argues that state policies
and legislations on the improvement in women’s status in turn may increase their risk
of abuse from other men while working outside home (as cited in Xie, Heiner and
Lauritsen, 2012, p. 106-107). Additionally, the focus on economic growth might be a
cause of increased demand for women and girls to be used for forced labour and
sexual exploitation (Watts and Zimmerman, 2002, p. 1235).
In regards to national policy, the Kazakhstani government initiated the Action Plan of
the Government of the Republic of Kazakhstan to Combat and Prevent Human
Trafficking Crime for 2009 to 2011, intended to “ensure and coordinate the actions to
fight and prevent human trafficking” (“About the action plan,” 2009, n.p.). It provides
a basic framework of how the following government organs are to combat human
trafficking.
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(i) The Ministry of Justice (MJ) is responsible for supervising the functions of the
Inter-Agency Committee to combat trafficking with the assistance of NGOs and IOs.
It also receives reports on the progress of policies and programmes from other
ministries.
(ii) The Ministry of Internal Affairs (MIA) arranges investigation training to its
employees including migration service officials in order to enhance the capability of
detecting, preventing, and suppressing trafficking.
(iii) The Ministry of Education and Science (MES) has responsibility for raising
public awareness by establishing legal knowledge in educational institutions. It plays
a leading role in organising seminars and meeting within the regions of Kazakhstan
with participation of NGOs and young populations on the subject of “How Not to
become a Victim of Human Trafficking”.
(iv) The Ministry of Cultural and Information (MCI) arranges public campaigns and
media information to combat trafficking. It is responsible for producing print media,
broadcasting programmes, and documentaries.
(v) The Ministry of Foreign Affairs (MFA) provides assistance to Kazakhstani
victims of trafficking abroad.
(vi) The Prosecutor’s General Office (PGO) analyses the investigations of criminal
cases regarding human trafficking under the Criminal Code of the Republic of
Kazakhstan and collects data about trafficking cases.
Each ministry is also tasked with helping to draft laws on human trafficking and
international treaties with the country of origin, transit, and destination regarding
financial support for the repatriation of Kazakh victims (“About the action plan,”
2009, n.p.).
Nevertheless, the government still fails to prevent the problem for the following
reasons: first of all, there remain political, economic, and social problems, requiring
enormous financial support from the government. Gender-based issues are thus a
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lower priority for the state’s agenda (Avdeyeva, 2007, p. 892-893). Secondly, there is
very little evidence of positive outcomes from government actions in all forms of
violence against women, as the related ministries have provided very few reports on
the progress of government policies and programmes (ADB, 2006, p. 24). Thirdly,
despite police training and public campaigns across all regions of Kazakhstan, in
reality, these actions are concentrated in larges cities and ineffective; social
stigmatisation of victims of gender-based violence is still strong, especially those
trafficked for sexual exploitation (Avdeyeva, 2007, p. 891-892).
5.2 Loopholes in the Criminal Code of the Republic of Kazakhstan
In 1994, the Kazakhstani government ratified the Convention of the Rights of the
Children. This Convention was completed with two Optional Protocols about “child
trafficking, prostitution, pornography, as well as and armed conflicts of children
(“National Kazakhstan Report,” n.d., par. 2). In 2008, the government also ratified the
2000 UN Convention against Transnational Organised Crime (UNTOC Convention),
including the Protocol to Prevent, Suppress and Punish Human trafficking, especially
Women and Children (TIP Protocol) (“Kazakhstan ratifies UN Convention,” 2008,
n.p.). Despite its ratification of international treaties on human trafficking, Avdayeva
(2007) argues that the Kazakhstani government fails to comply with its commitment
to any international treaties or internal goals of combatting human trafficking (p. 878).
According to her, the act of ratification is only to outwardly signal that its behaviour
is appropriate and harmonious with other states, without real substance of action.
Hence, the ratification of trafficking treaties does not represent the state’s intention
and capacity to enforce national policies and legislation compatible with the treaties
(p. 878).
Inadequate efforts of the Kazakhstani government to comply with international
treaties have also been assessed by the US Trafficking in Persons (TIP) report. In
2003, Kazakhstan was placed on Tier 3, representing the poorest conformity with
international standards (Kelly, 2005a, 77). In response, Kazakhstan enacted new laws
in September of the same year as to ensure that trafficking for sexual exploitation was
covered in the following articles: Article 125 “Abduction”, Article 126 “Unlawful
Deprivation of Freedom”, Article 128 “Recruitment, as well as Export and Transit of
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persons for exploitative purposes”, Article 133 “Trafficking in Minors”, and Article
270/1 “Procurement/ prohibition of brothels” (Kelly, 2005a, p. 78).
At present, Kazakhstan is placed on Tier 2 as it has improved law enforcement against
trafficking such that the number of cases investigated by the police has increased from
forty-nine cases in 2009 (U.S. Department of State, 2010, p. 194) to eighty-eight cases
in 2010 (U.S. Department of State, 2011, p. 211). Additionally, more attention is paid
to investigating cases of sex trafficking in minors as well as increasing punitive laws
on the conviction of offenders in this field. There is also the increased identification
of victims; however, the law enforcement agencies fail to distinguish migrants from
potential victims of trafficking and assist victims, whether local or foreign (U.S.
Department of State, 2011, p. 210-211). Nonetheless, in the consideration of the
Criminal Code of the Republic of Kazakhstan (1997), the laws reflects the
government’s poor commitment with international treaties to the protection of
victims, prevention of trafficking, and prosecution of perpetrators of all forms of
trafficking. The Articles regarding human trafficking and sexual exploitation in the
Criminal Code are here analysed:
Article 128 - Recruitment, as well as Export and Transit of persons for exploitation is
a basic law to interpret trafficking cases, containing a description of recruitment of
persons, committed by way of deception, for the purpose of their sexual or other
exploitation (“Law no. 167 of 16 July 1997,” n.d., n.p.). Penalties of exploitation may
be a fine, confiscation, correctional labor, and restriction of freedom, detention, or
deprivation of freedom for a period up to one year. A more severe penalty and
deprivation of freedom up to five years are identified in this Article if the perpetrator
acts as a member of an organised crime group. It describes the crime committed by
means of exporting people beyond the boundaries of Kazakhstan or carrying people
through the territory of Kazakhstan from one foreign state to another for sexual or
other forms of exploitation. In this case, the penalty for the perpetrator of this crime is
deprivation of freedom for a period from three up to eight years, with possible
deprivation of property (“Law no. 167 of 16 July 1997,” n.d., n.p.).
Article 128 still has problems within the main contents as the following reasons
illustrate. Firstly, it does not provide a definition of exploitation in a particular term
Page | 34
though the recruitment methods are identified (Badikova, 2006, p. 113). The law
covers only recruitment by means of deception, meaning that persons who might not
be deceived but willing to be in prostitution due to debt-bondage, threats to safety, or
blackmail cannot be protected (Kelly, 2005a, p. 69). Additionally, evidence of
recruitment or receipt resulting from the deception or promise of remittances cannot
be found if victims of trafficking make their own decision to work or put themselves
into smuggling (Kelly, 2005a, p. 69). It is also possible that the deception of the
recruiter cannot be proven. In a case that women are deceived to be prostitutes, the
recruiter is not found guilty of deception unless the prosecution can prove the purpose
of illegal deprivation of a person’s freedom (Badikova, 2006, p. 110-111). It is
difficult for the investigative officials to track the recruiters, as many of them are
unlicensed and illegal travel or employment agencies (Yermakanov, 2003 cited in
Kelly, 2005a, p. 44). Even though there may be a few agencies registered, traffickers
might take a chance by providing the agencies fake documents such as contracts in
order to lure those who have no experience in seeking work (Kelly, 2005a, p. 45).
Secondly, offenders in trafficking cases cannot be charged unless the prosecution can
prove a connection between recruiters and exploiters and the purpose of exploitation
(Badikova, 2006, p. 112-113). It is far beyond Kazakhstani ability to investigate
recruitment and prove exploitative purpose of the recruiters, as the prosecution
depends on a proof of a “criminal agreement”, “organisation of trafficking network”,
and “relationships between the network’s actors” (Badikova, 2006, p. 115). The
requirements for procedural prosecution are complicated, making it very difficult;
traffickers may escape conviction and re-traffic victims in forced prostitution
(Badikova, 2006, p. 115). In addition, several cases of sexual exploitation take place
outside Kazakhstan (Badikova, 2006, p. 114). Badikova (2006) stresses that
Kazakhstan still lacks cooperative law enforcement and experience investigating
sexual exploitation with countries of transit or destination (p. 117). In 2010, there
were few cases of joint investigation between Kazakhstani and transit or destination
country, when United Arab Emirates (UAE) and Russian officials returned
Kazakhstani victims to Kazakhstan (U.S. Department of State, 2011, p. 212).
Considering legal punishments, Kazakhstan fails to comply with the requirements of
the UN Convention regarding the minimum punishment that should be provided for
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“serious crimes” (Mattar, 2005, p. 176). One of several amendments submitted to the
Parliament in October 2004 proposed the sentencing of traffickers to no less than
eight years of imprisonment, but it has not been passed yet (Badikova, 2006, p. 110).
The Criminal Code solely prescribes penalties for trafficking offenders of up to fifteen
years imprisonment (U.S. Department of State, 2010, p. 194; U.S. Department of
State, 2011, p. 211) while it is reported that the minimum punishment is not
determined. Considering previous sentences, the minimum punishment for twenty-
seven convicted offenders was two years in 2010 (U.S. Department of State, 2011, p.
211). A year later, the sentences ranged from two years for nine sex trafficking
offenders to five and a half years for eleven others (U.S. Department of State, 2010, p.
194).
Apart from Article 128, there remain several problematic articles indirectly related to
the sexual exploitation that are of importance enough to be discussed:
Article 119 – Abandonment of an Endangered Person indicates that the abandonment
of a person without help, when that person is unable to escape from a danger due to
their “minor age” or their “helpless state” should be punished by means of detention
under arrest for a period up to three months (“Law no. 167 of 16 July 1997,” n.d.,
n.p.). It can be de jure implemented to all types of perpetrators, including clients,
witnesses and policemen.
In the absence of local witnesses, it is difficult to assist victims before re-
transportations or establish a profile of pimps and traffickers, since they have
frequently moved between locations all over the big cities, coupled with an
“interlinking of the national sex industry and trafficking” as to avoid police
investigation (Kelly, 2005a, p. 46). As a result, a number of trafficking cases are
either dismissed or closed. Very few traffickers and other perpetrators are convicted,
or even reach the court, as witness testimonies from their victims often represent the
only evidence considered (Mattar, 2005, p. 203).
With regard to the police’s functions, Article 119 may be not directly meant to
determine punitive measures against state officials. Rather, Article 321 – Violence
Page | 36
with Regard to a Representative of the State Authorities seems to be closer with the
criminal acts involved with the state officials. The persistence of sex trafficking
victims in prostitution venues such as local hotels, massage parlours, casinos, and
street venues in big cities of Kazakhstan is presumably encouraged by corruption of
the state employees due to very little money they earn from the government
(Dzhikibaev, 2009, n.p.; Kelly, 2005a, p. 41). In several oblasts, the local officials in
the Department of the Interior (DVD) protect pimps or traffickers from investigation
while certain officials also have very close relationships with criminals in sex
trafficking (Kucuk, 2007, par. 1). Despite a nationwide anti-trafficking operation,
victims who run to the police may face violence and/or discrimination through illegal
detention, illegitimate methods of investigation, as well as sex abuse (Kelly, 2005a, p.
57). Their traumatic experience is representative of how much state officials are
indifferent to their duty in protecting citizens from violence.
Moreover, proof of physical violence is a significant element for investigating
exploitation and prosecuting recruiters, traffickers, and perpetrators (Badikova, 2006,
p. 113). The fact that trafficking is a transnational crime recurring probably in the
countries of transit or destination outside Kazakhstan cannot be overlooked. It is hard
to convict traffickers of forced transportation and detention of victims (Badikova,
2006, p. 114). As Article 126(2)(c)(d) for illegal deprivation of freedom considers this
crime physical violence by means of “objects or weapons causing disability of person
to move” (“Law no. 167 of 16 July 1997,” n.d., n.p.), it is indifferent to the fact that
some women and girls may continue to be in sex trafficking without physical
detention due partly to psychological and/ or economic coercion such as verbal
threats, debt-bondage or blackmail.
Article 115 – Infection with Venereal Disease and Article 116 – Infection human
immunodeficiency virus/acquired immunodeficiency syndrome (HIV/ AIDS) is
recognised as a law relating to sex trafficking, such that a number of women and girls
in prostitution, whether voluntarily or not, as well as clients can be prosecuted for
being infected with venereal disease or HIV/AIDS.
The problem of this Article is that it particularly represents an infringement of human
rights such as privacy of women in the sex work. Although this Article also intends to
Page | 37
prosecute any persons who spread HIV/AIDS, including customers of prostitution. In
fact, none of Articles in the Criminal Code can punish the clients effectively.
Likewise, Article 116 is also less possible to arrest HIV positive clients than
prostituted women. This is because of the fact that male clients are first allowed to
leave the brothel raided by the police and that Kazakhstan has not yet criminalised
those who buy sex (Bindel, 2006, p. 26).
In contrast with the clients, some sex workers, both voluntary and involuntary, can be
arrested if it is proved that there are HIV/AIDS infected despite their “lack of
awareness” about the risks of transmission and “lack of control over the use of
condoms” (ADB, 2006, p. 48). According to the World Bank’s report in 2005, 30% of
50,000 tested commercial sex workers (CSWs) using drugs had HIV/AIDS as only
20% of them were using condoms (ADB, 2006, p. 48). It is observed that the overall
attempt to counter HIV/AIDS transmission was undermined by the government’s
indifference towards women’s problems such as health status (ADB, 2006, p. 48). The
programmes and campaigns aimed to counter the spread of HIV/AIDS were adopted
and applied in large cities in 2001; however, no particular legal protection or
treatment for victims of sex trafficking was provided (ADB, 2006, p. 48).
Overall, it is undeniable that certain women are aware of the danger of forced
prostitution and trafficking, but still make a decision to illegally work abroad
(Wietzer, 2007, p. 453-454). An inestimable number of trafficked victims may happen
upon sexual exploitation, torture, detention, or poor living conditions, but eventually
they are still considered just illegal immigrants or illegal prostitutes in the destination
countries. Although certain victims are assisted by support agencies, joint
investigations between Kazakhstan and other countries of transit and/or destination
are highly required. This is because the number of victims identified by the
Kazakhstani government and countries of destination has still been minimised (Kelly,
2005a, p. 42).
In 2010, only nine foreign victims were identified, with two victims of forced labour
included (U.S. Department of State, 2011, p. 211). The government allowed foreign
victims who participated in investigations and prosecutions to stay in Kazakhstan
until the end of the process. However, they did not receive offers for “long-term
Page | 38
residency” (U.S. Department of State, 2011, p. 211). The law has guaranteed neither
their temporary residence permits nor protection for trafficking victims who serve as
witnesses from “immediate deportation and/or charges for their illegal stay in the
country” (Badikova, 2006, p. 110). By the 27th
of January, 2011, for instance, over
eleven hundred illegal migrants had been expelled from Kazakhstan as a result of the
inspection of the Prosecutor’s General Office of Kazakhstan (“Over 1,100 illegal
migrants,” 2011, n.p.). In practice, the government agencies intended to send all
victims back to their countries as they were considered illegal migrants against Article
330 - Deliberate Illegal Crossing of the State Border of the Republic of Kazakhstan
and Article 330-1-- Failure to Implement a Decision on Expulsion. The former
describes punitive measures against foreigners who work without “appropriate permit
from the authorised body” while the latter addresses the “failure of foreign citizens
and stateless persons to comply with the decisions adopted for their expulsion beyond
the boundaries of the Republic of Kazakhstan” (“Law no. 167 of 16 July 1997,” n.d.,
n.p.). According to these laws, illegal migrants in sexual exploitation within
Kazakhstan will be punished and deported, instead of getting legal, social, or medical
assistance (U.S. Department of State, 2011, p. 212; Mattar, 2005, p. 192).
5.3 Immigration Restrictions as Anti-Trafficking Response
To a large extent, Kazakhstan considers foreign migrants a positive factor in order to
improve its “economic and demographic situation” and increase urbanisation of
Kazakh population in populated areas (“Nezakonnaya megratsiya,” 2006, p. 1:
“Kontseptsii migratsyonnoi politiki,” 2007, n.p.). On September 5th
, 2000, the
Kazakhstani state approved the Conception of Migration Policy of Kazakhstan to
promote basic human rights, as a “certain standard” for the state’s legislation towards
labor migrants in the country (See “" Kontseptsii migratsyonnoi politiki,” 2000 cited
in “Kontseptsii migratsyonnoi politiki,” 2007, n.p.; Esetova, 2008, p. 86).
Nevertheless, it is claimed that the flow of illegal migrants from other Central Asian
states to some degree had “negative consequences” on preserving and developing
“national identity” and especially “national security” (“Kontseptsii migratsyonnoi
politiki,” 2007, n.p.). As its “lack of coherent policy,” “legislative weakness,” and
“liberal migration policies” also contributed to illegal migration; Kazakhstan
Page | 39
developed the next Conception of Migration Policy to make a greater effort towards
the elimination of illegal migration. (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.)
5.3.1 The Conception of Migration Policy
In 2006, a year before the implementation of the Conception of Migration Policy from
2007 to 2015, the data showed the composition of foreign migrants in the southern
region: Uzbek (58%), Kyrgyz (9%) and Turkmen (6%) (“Nezakonnaya megratsiya,”
2006, p. 2). The amount of illegal migration from Central Asia is taken seriously as it
is alleged to cause economic, demographic, and other criminal activities such as drug
and human trafficking (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.;
“Nezakonnaya megratsiya,” 2006, p. 1). In fact, the official statistics reported in 2004
rates of crime in these regions was actually quite low, with the minimum percentage
of offenses per capita being committed in the south: 0.4% in Mangistau; 0.8% in
Almaty; and 0.5% in Zhambyl (“Nezakonnaya megratsiya,” 2006, p. 6). Moreover, it
was also assured by the Deputy Governor of Southern Region of Kazakhstan,
Bakhytzhan Ashirbaev, that foreign migrants have a positive impact on economic
security of the southern region. He claimed that the migrants create jobs and small
enterprises, which contribute to the low cost of living in the region in turn
(“Nezakonnaya megratsiya,” 2006, p. 7).
In terms of short-, medium-, and long- term policy against illegal migration, the
border closure is recognised as a negative action, which escalates many socio-
economic problems such as labor shortage or imbalance and economic stagnation at
the border areas (“Nezakonnaya megratsiya,” 2006, p. 2). Other methods are preferred
and proposed in the current Conception of Migration Policy from 2007 to 2015 (See
“Kontseptsii migratsyonnoi politiki,” 2007, n.p.). Firstly, the Conception aims to
“minimise” the size of illegal migration, and at the same time increase the number of
foreign professionals by means of stringent screen on migration process (“Kontseptsii
migratsyonnoi politiki,” 2007, n.p.). Secondly, the Conception excludes unskilled
foreign migrants by placing them on a lower priority to receive legal provisions
(Estetova, 2008, p. 87-88). This implies the government’s intention at first provide
legal, social and medical assistance to Kazakhstan citizens who are victims of
trafficking abroad while foreign victims in the field inside Kazakhstan are ignored,
Page | 40
punished, or deported as unwanted persons (Badikova, 2006, p. 110).
In general, migration policies consist of “restrictive” measures, making “international
mobility” harder (Pécoud and Guchteneire, 2006, p. 69). First of all, the policies grant
privilege to emigrants to leave any country and return to their country, but at the same
time the migration policies prohibit low-skilled workers from moving from one
country to another freely (Pécoud and Guchteneire, 2006, p. 69). “Human mobility”,
as identified in the Universal Declaration of Human Rights (UDHR, 1948), should be
as free as the flow of capital and goods in the context of globalisation because human
resources and potential are important dynamics in the development stage of a country
(Pécoud and Guchteneire, 2006, p. 69). Secondly, stricter immigration policies
contribute to a vulnerable status of prospective migrants having “no other option” and
becoming more dependent on organised crime groups and/ or corrupt officials, which
offer a service of making a high-quality fake documents (Liemt, 2004, p. 3; “Illegal
migration,” 2006, p. 5). Claims about the cooperation between those able to provide
illegal documents and smuggling services and trafficking organisations are increasing,
though it is difficult to distinguish victims in trafficking from “voluntary irregular
migrants” (“Illegal migration,” 2006, p. 5; Tailby, 2001, p. 1). It is likely that those
who illegally cross the border can also be deceived, exploited, or transported after
their arrival (Tan and Bertrand, n.d., p. 14-15). Both trafficking and illegal migration
sometimes share the same methods before travelling, such as the use of travel or
employment agencies (Bruggeman, 2002, p. 5). Despite a lack of details on criminal
networks, it is assumed that those involved in trafficking and illegal migration have
connections with both local criminals and “transnational” organised crime networks in
the countries of origin and destination (Tailby, 2001, p. 1; Ekberg, 2004, p. 1200).
As discussed in Chapter 2, the issue of human trafficking in the state policies is
framed by the idea of “moral standards” (Wietzer, 2007, p. 448), only justifying
assistance to “violated victims” of sexual exploitation but condemning voluntary
migrants in prostituion (Chapkis, 2003, p. 924). Kazakhstani policy and laws provided
assistance only to trafficked victims and economic migrants who are willing to assist
investigative authorities in the prosecution of traffickers. The assistance and
protection helps to assert the notion that the punitive measures against the “guilty” are
justified (Chapkis, 2003, p. 924-925).
Page | 41
Chapter 6 | Public Perceptions
6.1 Survey Questionnaires
6.1.1 General Knowledge
Questionnaires were conducted with sixty-three Central Asian students; nineteen
respondents were male and forty-four respondents were female. The percentages
reported in this Chapter reflect valuations based on the number of respondents who
actually answered individual questions, not always the whole sixty-three participants.
A majority of the respondents, 72.6%, receive information about human trafficking
from television and/or radio. 61.3% and 33.9% of all respondents use the Internet and
newspaper/magazines as sources of information, respectively.
In 2009, the United Nations on Drugs and Crime (UNODC) reported that the most
common form of global human trafficking was sexual exploitation, accounting for
79% of all, and that the majority of victims in sexual exploitation are women and
children (UNODC, 2009). In the Central Asian region, studies of human trafficking in
2000 likewise showed that the main form of trafficking in the region was for sexual
exploitation (IOM Kyrgyzstan, 2000; IOM Tajikistan, 2001 cited in Kelly, 2005a, p.
39). For example, it accounted for 90% of human trafficking in Kyrgyzstan (IOM
Kyrgyzstan, 2000 cited in Kelly, 2005a, p. 39). To the question, “Have you known of
trafficking of women for sexual exploitation before?” 88.9% amongst 63 Central
Asian students answered that they had previously received information about sexual
trafficking while 11.1% did not know of this issue. Moreover, 87.9% agreed that a
majority of trafficked victims are women and children, whereas 12.1% disagreed with
this fact.
The respondents were also asked about which major factors play a role in maintaining
sex trafficking in women. Of those who answered, 39.2% selected social disorders
with regard to an increase of organised crime groups as the most influential factor
contributing to the persistence of sex trafficking in women. Another 35.9% believed
that economic hardship is the greatest problem. Only 9.4% saw legislative problems,
such as the ineffectiveness of law enforcement and bureaucratic corruption, as the
Page | 42
greatest problem. Tellingly, none of the respondents thought the most important
reason for the persistence of sex trafficking is a high demand of male clients for
women and girls.
The following questions asked general knowledge of young people about human
trafficking. Table 1 shows that the respondents did not have a good understanding of
the facts of human trafficking. One fallacy that showed in their response is illustrated
by the fact that 38.2% thought trafficking victims might receive regular payment,
despite the fact that some of respondents are necessarily (based on the percentages)
also those who agree that coercion, deception and violence are elements of human
trafficking. The lack of understanding illustrated by the results of the questionnaires
harkens back to the suggestion by Day (2010) that the definition of trafficking versus
the definition of illegal migration is too ambiguous to be understood by laymen.
Moreover, It also shows that the government programmes from the Action Plan for
human trafficking discussed in Chapter 5 fail to enhance public awareness and good
understanding about the problem of trafficking.
TABLE 1
GENERAL UNDERSTANDING ABOUT HUMAN TRAFFICKING
Sample
Yes
(%)
No
(%)
No Reply
(%)
1. Trafficking is voluntary whereas smuggling is involuntary
2. Victims of trafficking are coerced through deceit, torture,
threats of violence, etc.
3. The purpose of trafficking is only for sexual exploitation
4. Majority of trafficked victims are women and children
5. Human trafficking can be involved with organised crime
groups
6. Trafficked victims may have an access to medical
treatment in the country of destination as its citizens
7. Trafficked victims may receive regular payment and
living conditions but work harder than ordinary workers
21.4
98.3
32.8
87.9
94.9
23.2
38.2
78.6
1.7
67.2
12.1
5.1
76.8
61.8
11.1
11.1
7.9
7.9
6.4
11.1
12.7
Page | 43
6.1.2 Opinions on State’s Role in Combatting Sex Trafficking
Whose responsibility?
The question of who is likely to be the most important in tackling the problem of sex
trafficking was asked. The results illustrate a strong belief in the necessity of
collective action of all actors inside and outside of Kazakhstan. As Table 2 shows,
36.7% of respondents thought everybody should help combatting sex trafficking of
women. State agencies, both central and local, and the police were rated second and
the third most important, respectively. This shows that respondents still expect the
problem to be solved by the government. 22.2% expressed higher belief in the UN
than local NGOs and families of trafficked victims, despite the fact that the latter two
groups are much closer to the victims in Kazakhstan. The judiciary was ranked even
less important, only chosen by 12.7%. The lowest expectations were of the
Kazakhstani President, named by 7.9%.
The results suggest that the respondents would agree with Friesendorf (2007) and
Clark (2003), such that a sustainable solution to the issue of human trafficking must
come from cooperation of every societal sector in the country. Those who indicate
that the UN has an important role may also share a similar idea in promoting
transnational operation between states and organisations (Friesendoft, 2007, p. 384-
385). However, the lack of confidence in the President’s ability to affect a solution
shows that the Kazakhstani public perceives the leadership as unimportant to solving
this problem, or even that government involvement should be decreased to allow civil
societies to solve the problems (Arguilla and Ronfeldt, 2001 cited in Friesendorf,
2007, p. 385).
Page | 44
TABLE 2
WHO IS LIKELY TO BE THE MOST IMPORTANT IN TACKLING THE
PROBLEM OF SEX TRAFFICKING IN WOMEN?
%
1. The United Nations
2. The President
3. State agencies e.g. central and local authorities
4. Police
5. Judiciary
6. NGOs
7. Families of trafficked victims
8. Every one
22.2
7.9
28.6
27.0
12.7
17.5
17.5
36.7
What is to be done by the government?
More than half of the respondents (52.6% of male respondents and 54.6% of female)
strongly agreed with the statement “Policy makers should be more alert to facilitators
and inhibitors of sex trafficking in women” Results of the questions “How should the
Kazakhstani government treat the trafficked women who can return home or who are
found?” were also collected. As seen in Table 3, 79% of men and 56.8% of women
suggested that the government should protect trafficked victims from threats of
traffickers. Moreover, most respondents believed psychological counseling and
mental treatment should be provided. 63.2% of men and 54.6% of women considered
it import to provide job opportunities and training to the victims. 57.9% and 43.2%
suggested the repatriation of trafficked victims to their family or country. None of the
respondents suggested that trafficking victims should be left to sort out their own live,
but 7.9% actually suggested that they be punished. This seems to be an effect of
vague definition of trafficking versus illegal migration. The Kazakhstani public fails
to distinguish victims of trafficking from illegal migrants who are deceived after they
arrive in Kazakhstan. The results of this question reveal that the public reaction to sex
trafficking and illegal migration is similar to how it is treated in the law, which only
offers assistance and protection only to forced prostitutes.
Page | 45
TABLE 3
HOW SHOULD THE KAZAKHSTANI GOVERNMENT TREAT THE
TRAFFICKED WOMEN WHO CAN RETURN HOME OR WHO ARE FOUND?
Sample
Total
N = 63
(%)
Male
19
(%)
Female
44
(%)
1. Offer protection from a threat of
traffickers
2. Provide shelter during the
investigation
3. Send them back to their family or
country
4. Punish them
5. Leave them sort out their own lives
6. Offer psychological counselling and
mental treatment
7. Provide job opportunity and training
No reply
63.5
49.2
47.6
7.9
0
73.0
57.1
0
79.0
52.6
57.9
5.3
0
68.4
63.2
0
56.8
47.7
43.2
9.1
0
75.0
54.6
0
What is the best solution?
In an attempt to examine what methods the respondents viewed as the most effective
solutions to counter sex trafficking of women, they were asked to rank their point of
view on six solutions. The results show in Table 4.
The solution chosen by the most respondents as the best, named by 31%, is to
increase education levels of women. 21.4% suggested the provision of more
employment opportunities to women while another 16.7% saw economic
development as the best solution to combat sex trafficking of women. Stricter border
controls were supported by 14.3%. Cooperation between states and organisations on
the national and international levels received only 9.5%, even though the results on
Table 2 show a significant consideration of all sectors, including the UN, in
combatting sex trafficking of women. Only 7.1% thought the problem of sex
Page | 46
trafficking can be best solved through new functions of mass media. The opinion of
most of the respondents reflects the influence of state’s perception on general public
perception of issues of gender violence. As discussed in Chapter 6, the government
develops and implements many programmes and policies to promote women’s
economic status through the growth of economic sectors. The public has the same
idea. Nonetheless, some still confuse the difference between trafficking and illegal
migration and promote the immigration policy that does not provide protection or
assistance to foreign victims, who are viewed as criminals. There is a small group of
people that recognises the importance of media in representing the needs of victims
and forewarning the rest of the society about the danger of trafficking.
TABLE 4
WHAT SHOULD BE THE BEST SOLUTION FOR WOMEN TRAFFICKING ON
SEXUAL EXPLOITATION?
%
1. More development of economy
2. New functions of media
3. More employment opportunities
4. Higher education for women
5. Harsher border controls
6. Better domestic and international cooperation between states and
organisations
16.7
7.1
21.4
31.0
14.3
9.5
6.2 Interviews
The interviews were intended to explore the opinions of interviewees on the
Kazakhstani government’s perception of sex trafficking, specifically how it can
contribute to an effective solution against human trafficking and sexual exploitation.
The in-depth interviews are to some extent more representative of the real situation
than the questionnaires, as the latter only provide quantitative data without great
explanatory depth, whereas interviews permit elucidation of more complex
Page | 47
arguments. By interacting directly with interviewees at length and in person, the
subjects have the opportunity to justify their responses much more effectively than the
questionnaire respondents.
6.2.1 Source of Information
Interviews were conducted with four female representatives of local organisations and
IOs. Due to ethical concerns and the nature of consent provided by interviewees,
identifying information such as names, positions, and locations of the organisations
cannot be provided. Nonetheless, an attempt will be made to describe the nature of the
organisations as best as possible without compromising enough to detail to
specifically identify the interviewees. The first interviewee works for an IO in
Kazakhstan, whose main responsibility is to provide financial and operational
supports such as education training and medical assistance to victims in Kazakhstan.
Moreover, this agency subsidises local organisations related to the combatting of
human trafficking for the purpose of enhancing their potential to assist victims
(Interview 1, March, 2012). The second and third interviewees are from a non-profit
organisation in Kazakhstan, responsible for prevention of trafficking of women at risk
and assisting victims of labour exploitation. It is also works to raise public awareness
and disseminate information with regard to human trafficking by operating hotline
and arranging seminars, training and lectures (Interview 2 and 3, February, 2012). The
fourth interviewee is also from a non-profit organisation. It helps victims to prepare
immigration documents such as visa and passport, offers health checks for venereal
disease and injury from physical violence provides, and provides legal assistance.
Moreover, it provides psychological therapy and vocational training (Interview 4,
April, 2012).
Overall, it is asserted by the interviewees from these three organisations that their
activities interconnect with each other, meaning that the local organisations report the
number of victims assisted by each organisation to the IO, who then provides them
with a framework and funds to combat trafficking. In practice, the two local
organisations work closely with local police and trafficked victims. The organisations
in Kazakhstan share the same idea with certain authors in Chapter 2 (Clark, 2003;
Friesendorf, 2007; Panic, 2009) that interaction between all levels of civil societies is
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Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F
Fonghame, Kuljira Dissertation 1008242F

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Fonghame, Kuljira Dissertation 1008242F

  • 1. The Importance of Public Authorities' Perception for the Development of Effective Solutions for Human Trafficking: A Case of Sexual Exploitation in and from Kazakhstan 1008242F Word count: 16, 522 Submitted in fulfillment of the requirements for the Degree of IM in Russian, Central and East European Studies School of Social and Political Science College of Social Science University of Glasgow
  • 2. Page | 1 Table of Contents 1. Introduction 5 1.1 Background of Human Trafficking in Central Asia 5 1.2 Trafficking Dynamics in and from Kazakhstan 6 1.3. Aim and Scope of the Study 7 2. Literature Review 9 2.1 Overlaps between Sex Trafficking and Prostitution 10 2.2 Legalisation of Prostitution 12 2.3 Concepts of Human Security 14 3. Methodology 17 3.1 Research Strategy 17 3.2 Research Stage 18 3.2.1 Academic Literature and Policy Documents 18 3.2.2 Newspaper Analysis 19 3.2.3 Survey Questionnaires and Interviews 19 4. Media Functions 21 4.1 The Media’s Role 21 4.1.1 State Control over Mass Media 21 4.1.2 The Media Agenda 22 4.1.3 Media Framing of Victimisation 23 4.2 Newspaper Analysis 24 4.2.1 Analysis Methods and Tools 24 4.2.2 Media Coverage on Legislative Framework 25 5. Public Policies and Legislation 30 5.1 State Policy against Human Trafficking 30 5.2 Loopholes in the Criminal Code of the Republic of Kazakhstan 32 5.3 Immigration Restrictions as Anti-Trafficking Response 38 5.3.1 The Concept of Migration Policy 39
  • 3. Page | 2 6. Public Perceptions 41 6.1 Survey Questionnaires 41 6.1.1 General Knowledge 41 6.1.2 Opinions on State’s Role in Combatting Sex Trafficking 43 6.2 Interviews 46 6.2.1 Source of Information 47 6.2.2 Victims of Sex Trafficking 48 6.2.3 State’s Response and Law Enforcement 49 6.2.4 Proposed Solutions and Recommendations 51 7. Conclusion and Recommendations 53 7.1 Conclusion 53 7.2 Recommendations 53 7.2.1 Promotion of Institutional and Legislative Reform 53 7.2.2 Government’s Assistance and Protection of 54 Trafficked Persons 7.2.3 Enhancing Public Awareness 54 7.2.4 Reducing Gender Discrimination and Providing 55 Economic Opportunity for Women at Risk 7.2.5 Recommendations for Further Studies 55 8. References 56 9. Bibliography 66 10. Appendices 68 10.1 List of Policy Documents and High Level Reports 68 10.2 Consent Form 70 10.3 Plain Language Statement for Survey Questionnaires 71 10.4 Plain Language Statement for Interviews 73 10.5 Ethical Approval Form 75 10.6 Questionnaires 77 10.7 Interview Questions 84
  • 4. Page | 3 Acknowledgements First and foremost, I wish to express my sincere gratitude to my Glasgow supervisor, Rebecca Kay, who has supported me throughout my thesis with her patience and knowledge from the initial to the final level. I sincerely thank my KIMEP supervisors, Nargis Kassenova and Didar Kassymova, whose guidance and support have enabled me to develop an understanding of the subject. I also wish to express my gratitude to other professors in the Department of International Relations and Regional Studies for their encouragement in carrying out this research. Needless to say, I am grateful for Martin Keough, my best colleague, who has always rendered his help and utmost encouragement during the period of my project work. My thanks and appreciations also go to all of those who supported me in any respect during the completion of the project. I owe my deepest gratitude to my parents for supporting me throughout all my studies at Universities, having been a source of inspiration and patience when I was down.
  • 5. Page | 4 Abbreviations ADB -- Asian Development Bank CSW -- Commercial sex worker EU -- European Union HIV/AIDS -- Human immunodeficiency virus/acquired immunodeficiency syndrome IOM -- International Organisation of Migration IO -- International organisation MES -- Ministry of Education and Science MCI -- Ministry of Culture and Information MFA -- Ministry of Foreign Affairs MIA -- Ministry of Internal Affairs MJ -- Ministry of Justice NGO -- Non-governmental organisation OSCE -- Organisation for Security and Co-operation in Europe (OSCE PGO -- Prosecutor’s General Office TIP -- Trafficking in Persons TIP Protocol -- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children UAE -- United Arab Emirates UDHR -- Universal Declaration of Human Rights UN -- United Nations UNDP -- United Nations Development Programme UNIFEM -- United Nations Development Fund For Women UNODC -- United Nations on Drugs and Crime UNTOC -- United Convention against Transnational Organised Crime US -- United States USAID -- United States Agency for International Development USSR -- Union of Soviet Socialist Republics
  • 6. Page | 5 Chapter 1 | Introduction The issue of human trafficking was underlined in the United Nations (UN) Protocol To Prevent, Suppress and Punish Human trafficking, Especially Women and Children (TIP Protocol, 1979) as a threat to national security such as migration control, and overall human security. In 2010, the United States (US) Human trafficking Report estimated that 12.3 million people around the world are subjected to forced labour, and forced prostitution, both adults and children (US Department of State, 2010, p. 7). Potential victims of sex trafficking are rural women and girls who encounter poverty, a low standard of living, few opportunities, and are pursuing better lives and well-paid employment abroad. The public authorities’ perception of this issue is important not only because it can compel citizens to recognise trafficking as a violation of human rights, but because it can help to generate effective solutions when coupled with the cooperation of domestic and international organisations. The huge challenge of combatting trafficking is in how to best improve the protection of victims, prevention of the crime, and prosecution of the criminals responsible. As the governments and their employees in certain countries do not make a serious effort towards any of these challenges, the elimination of trafficking is difficult to achieve. 1.1 Background of Human Trafficking in Central Asia In Central Asia, the International Organisation of Migration (IOM) asserts that “trafficking for both sexual and labour exploitation are the most significant in the region” as economic, social and political instability after the collapse of the Union of Soviet Socialist Republics (USSR) is the impetus for irregular migration to more developed countries (Kelly, 2005a, p. 39). It is assumed that the number of trafficked women tends to be increasing annually because there remain gender inequalities and discrimination in domestic and public spheres against women in the region. Moreover, Central Asian countries still encounter several problems, such as violence against women, insufficient financial resources, state control over mass media, poor response of public authorities, ineffective law enforcement, a lack of public
  • 7. Page | 6 awareness, and/or a lack of collaboration between public and societal sectors. These remain the major obstacles to eliminating human trafficking. As in many regions, it seems that the actual number of trafficking victims in Central Asia cannot be accurately ascertained due to the lack of reliable quantitative data on trafficked women (Falkingham, 2005, p. 354). Non-governmental organisations (NGOs) and/or international organisations (IOs) are thus unable to identify and promptly assist victims inside and outside the region. 1.2 Trafficking Dynamics in and from Kazakhstan Trafficking dynamics in Kazakhstan are characterized by its geographical location and economic stability. “It has become a popular destination for Central Asian migrants” and remains a source, destination, and a transit country for trafficking (IOM, 2011, p. 2). As in other Central Asian countries, local markets or “bazaars”, for example, are highlighted spots for illegal and domestic labourers to “sell their hands” for very little money (Kelly, 2005a, p. 56). In the labour markets, it is possible to see a sex trade of women and children as young people are in high demand. They are “less likely to be targeted by corrupt police” because they work harder than adults and cause less problems regarding their obedience and health status (Kelly, 2005a, p. 57). The number of women trafficked from Kazakhstan has experienced rapid growth, recently estimated to range between 4,000 and 7,000 annually (The Protection Project, 2009, p. 322). They are trafficked to other foreign countries such as Russia, China, Azerbaijan, Greece, Israel, the United Arab Emirates (UAE), and Turkey for the purpose of forced prostitution (The Protection Project, 2009, p. 322). It is important to note that the range of destination countries also manifests “levels of connection between locations where organised crime is known to operate and also broad networks of international organisation of trafficking” (Kelly, 2005a, p. 47-48). Not only are local females subjected to sex trafficking within Kazakhstan, but also are those from other countries such as Uzbekistan, Russia, Kyrgyzstan, Tajikistan, and Ukraine (The Protection Project, 2009, p. 322). The Almaty International Airport, for
  • 8. Page | 7 instance, has become one of the “preferred exit routes” of intra-regional trafficking (Kelly, 2005a, p. 49). The flow of trafficked women to the airport raises the question of whether there exists corruption between organised crime groups and state officials in relation to the migration controls (Kelly, 2005a, p. 49). Moreover, Kazakhstan has also become a destination for trafficking in minors despite the penal code against trafficking in minors (Article 133). It is estimated by the Kazakhstani police that a third of street prostitutes are underage. Most of them are from destitute families in rural areas (Kelly, 2005a, p. 61). 1.3 Aim and Scope of the Study This research project gives particular attention to sex trafficking of women. Primarily, it aims to examine the importance of Kazakhstani public authorities’ perception of sex trafficking issues through its relevant policies and legislation and how it influences the development of effective solutions thereto. This is because trafficking is described as an urgent issue that the state and public sectors need to deal with. The intention of the dissertation is not to blame the Kazakhstani public authorities for the persistence of sex trafficking of women. The dissertation will only contribute to a wider understanding on gender-based issues and security issues: how comprehensive legal frameworks can limit the range of sex trafficking; and how human security should be included in national and/ or political agendas in order to create the more effective solution? Finally, the dissertation intends to support collective action in combatting trafficking on local, national, and international levels while more assistance to trafficked victims should also be provided. The dissertation is divided into 6 main chapters: Chapter 2 reviews academic literature regarding definition paradigms of sex trafficking and prostitution, international debates on legalisation of prostitution, and concepts of human security as mechanism to stop the traffic. This chapter discusses: how the ambiguous definition of sex trafficking versus prostitution impede the estimation of the number of victims and the combat of trafficking in particular; whether or not legalised prostitution can alleviate violence against voluntary and
  • 9. Page | 8 involuntary sex workers and limit the number of trafficked women; and why the extent of human security and societal security should be included in the range of national security. Chapter 3 consists of an analytical evaluation of methodological approaches and limitations, and a description of the research process about reviewing literature, analysing the media’s function, and conducting survey questionnaires and interviews. Chapter 4 explains the current media’s depiction of sex trafficking as a consequence of state control over mass media, the media agenda, and media framing of victimisation affecting public understanding of sex trafficking. It also examines the media coverage of sex trafficking in Kazakhstan by considering the local mass media outlets. Chapter 5 analyses Kazakhstani policies and legislation about human trafficking. Particularly, it examines loopholes of the Criminal Code of the Republic of Kazakhstan with respect to prosecuting of traffickers and perpetrators and protecting women from being punished as criminals. There is also an analysis of migration restrictions as a method to decrease the number of trafficked women while it is argued that this method contributes to the increased dependency of women on illegal migration process and the exclusion of illegal migrants from state’s legal provisions. Chapter 6 explores public perceptions on general understandings about human trafficking, attitudes towards female victims and state’s role in combatting sex trafficking of women by means of questionnaires and interviews with Central Asian populations. Chapter 7 is a conclusion of research findings and recommends the improvement of legal and institutional framework, gender inequality, public awareness, and economic opportunities for women as to eliminate sex trafficking of women. This part also provides a recommendation for further studies in relevant issue.
  • 10. Page | 9 Chapter 2 | Literature Review The estimation from the United Nations in 2003 shows that trafficking for sexual exploitation accounts for 80% of trafficked persons globally, the majority being women and children (O’Connor and Healy, 2006, p. 1). It has been argued that the presentation of victims in sex trafficking and forced prostitution, which has been acknowledged through activists, mass media, or politicians, is exaggerating the magnitude of prostitution and trafficking in order to serve interests of a particular group through the questions of morality, ethics, right, freedom, and agency of the women (Wietzer, 2007, p. 448; Robinson, 2008, p. 11). The terms “sex trafficking” and “prostitution” are needed to differentiate between paradigms explaining sex-work conditions and facilitate specific policies and legislation to protect women from violence. In this extent, legalisation of prostitution has introduced alternatives methods to alleviate male violence as well as limit sex trafficking in women, the opponents argue that the concepts of rights, agency, and freedom are still deprived from sex workers, whether willingly or not (O’Connor and Healy, 2006, p. 12). Several studies (O’Connor and Healy, 2006; Raymond, 2003; Ekberg, 2004) have considered legalised prostitution as worsening the situation. Not only does it not protect women and girls from violence, it is alleged to contribute to “the treatment of people as things” (Day, 2010, p. 828). Nevertheless, it is difficult to differentiate sex trafficking and prostitution or estimate an increase of women trafficked after the legalisation. A number of articles support neither a positive nor a negative claim, as there is insufficient evidence for either (Day, 2010, p. 819; Weitzer, p. 2007, p. 459). Another long-term solution proposed by certain authors (Paris, 2001; Clark, 2003; Muthien, 2000; Panic, 2009; Bilgin, 2003) aims to prevent trafficking, protect women and prosecute traffickers in a wider range of human security concept. Friesendorf (2007) offers an additional concept, security governance, which describes networks between governments and civil societies to combat human trafficking. Overall, the two groups of authors pay serious attention to increasing the role of various sectors in a country in the establishment of comprehensive actions against trafficking.
  • 11. Page | 10 2.1 Overlaps between Sex Trafficking and Prostitution The problem of interpretation of the definition of women in sex trafficking versus prostitution impedes legal implementation and enforcement to protect them from violence. Women can be considered victims of sex trafficking, workers of voluntary prostitutes, or criminals of illegal migration or illegal prostitution. As the debate over women’s agency and freedom remains active, the terms have not yet brought about comprehensive solutions for women in all types of sex businesses. The term “sex trafficking” is most frequently defined as a “severe form of trafficking” induced by force, deceit, or compulsion through “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of the commercial sex” (Day, 2010, p. 819). The Palermo Convention of 2000, which is supplemented by a Protocol against trafficking (Day, 2010, p. 819), also includes “the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” (Day, 2010, p. 819). As such, the given definitions connect sex trafficking closely with prostitution, but in fact it is argued that several cases reported are also related to illegal migration (Day, 2010, p. 819). Weitzer (2007) observes that the terms sex trafficking and prostitution are problematic because a number of studies about these issues mainly emphasise moral claims about “public perceptions and of social problems” or “the dynamics of institutionalisation in state policies” instead of the protection of women in the sex work from violence (p. 448). Anecdotes about morality of sex trafficking and prostitution create public opposition against the commercialisation of a woman’s body as well as an image of traffickers who “[enslave]” women in an “abject state” (Day, 2010, p. 819). To illustrate the structural violence of men in the society, a report by O’Connor and Healy (2006) points out that the precipitating causes of sex trafficking and prostitution are attributed to “the same socio-economic and political factors” such as limitation of economic alternatives, high risks of unemployment, discrimination against women, and political exclusion of women (p. 6). On this view, Robinson (2008) argues that
  • 12. Page | 11 such factors cannot explain the inducement of women to sex trafficking and prostitution. Rather, according to her, the very consideration of these socio-economic factors is the impetus for their vulnerability, a discursive attack on their agency, which contributes to realisation of their “subordinate role and dependence” (p. 7). Day (2010) backs Robinson’s idea (2008) by demonstrating the paradox of the view on commercialisation of women’s body (p. 828). For her, whenever trafficked victims are considered in the context of human rights, people are only concerned with “part of the person” instead of the essence of “the whole person” that should be protected (Strathern, 2005, p. 111 cited in Day, 2010, p. 828). According to some, the contemporary understanding of sex trafficking and prostitution is resultant of “moral panics” (e.g. Doezema, 1999 cited in Day, 2010, p. 820). Robinson (2008) supports the idea of Weitzer (2007) that social conditions are problematic (as cited in Robinson, 2008, p.11). As different interest groups attempt to “redraw or bolster normative boundaries and moral standards” and aim to “[relieve] victims and [punish] evildoers”, it is impossible to ascertain the real conditions of sex trafficking and prostitution (Wietzer, 2007, p. 448). Adding to Weitzer’s ideas, Robinson (2008) considers “the ethics of sex trafficking” beyond “moral crusade” or “moral panics” (p. 5). She questions whether or not women’s responsibility and care in households should be considered good or evil in societies, whether or not an image of women in sex trafficking and prostitution should be appropriated as an “defenseless victims” (Robinson, 2008, p. 3). Like Weitzer (2007) and Day (2010), Robinson (2008) sees the necessity to understand the two terms in broader contexts by offering the impact of “relations of authority and power” that motivate or preserve the moral views through legislative tools (Walker, 1999, p. 75 cited in Robinson, 2008, p. 12). The hot debate regarding definitional overlap between sex trafficking and prostitution also involves the language of “compulsion” and “choice” that are both used by Western frameworks to examine “the exchange of women” (Day, 2010, p. 817). O’Connor and Healy (2006) maintain that women are categorised into “two classes of females”: those who are forcibly prostituted or trafficked, and those who are assumed to consent to any forms of violence by accepting money from clients (O’Connor and Healy, 2006, p. 12). Although Raymond (2003) agrees with O’Connor and Healy (2006) that prostitution is “harm to person” (p. 14), she claims that it is untrue that
  • 13. Page | 12 women have no choice (p. 13). Studies by Raymond et al. (2001, 2002) show that women enter prostitution because they lack “other options” and that prostitution is considered their “last choice” (as cited in Raymond, 2003, p. 13). With this regard, Day (2010) argues the idea of anti-trafficking groups such as the Poppy Project, which asserts that women in prostitution are not free agents but absolute victims across the whole economy (p. 818). She refers to Ward and Day’s study (2006), which found that a majority women experienced deception or coercion from sex work, but a few (five of seventy-seven) followed from the 1980ss to 2002 decided to be prostitutes because of their boyfriends who turned later turned into pimps (as cited in Day, 2010, p. 825). In the context of definitional paradigms, there remain some authors who discourage the dissociation of prostitution from other forms of violence against women (Ekberg, 2002 cited in O’Connor and Healy, 2006, p. 27). Others suggest the stories about sex trafficking and prostitution are repeated to “search for a cure rather than investigate the aetiology,” while the terms “consent” and “choice” of sex work have numerous phrases to delineate and explain but the descriptive terms of coercion and gender have not been yet analysed (Dewey, 2008, p. 48 cited in Day, 2010, p. 819). 2.2 Legalisation of Prostitution As the definition of sex trafficking versus prostitution in both academic research and policymaking are still ambiguous, the prevention of trafficking, the protection of women in sex businesses, and the prosecution of traffickers are difficult to achieve. The idea of legalised prostitution is proposed by some authors (for example, Weitzer, 2007) to replace the endless debate over whom to protect with comprehensive social and legal provisions. In doing so, the case of the Netherlands have been primarily regarded as proof of the effectiveness of legalised prostitution towards limiting the number of trafficked victims as well. Another group (Erkberg, 2004; Raymond, 2003; O’Connor and Healy, 2006; Siegel, 2009) has a contrasting point of view about legalised prostitution. This group is affiliated with those who support the Swedish laws, claiming to take high priority to protect women and girls from all forms of male violence by decriminalising prostitution but punishing sex purchasers instead. The authors in this second group assert that male demand is one of root causes of sex
  • 14. Page | 13 trafficking and prostitution. For them, legalisation of the whole sex businesses means the normalisation of male violence against women and the commercialisation of exploitation of women for male interest. According to the Netherlands’ law in 2000, legalisation of prostitution aims to “legalise the adult, voluntary prostitutes (male and female) who possess a valid municipality permit, certifying that it has fulfilled the legal requirements to operate” (Daalder, 2007 cited in Siegel, 2009, p. 6). At this point, it has been argued by anti- prostitution and –trafficking parties such as O’Connor and Healy (2006) that prostitutes still cannot access labour rights to protect and improve their lives despite legalisation of prostitution (p. 12). Some, like Raymond (2003), claim that certain women in legalised sex industry refuse to register or receive health checks despite legal requirements to do so (Schelzig, 2002 cited in Raymond, 2003, p. 7). However, this superficial claim does not provide the reason of those women in the research. Arguing for the legalisation of prostitution, Weitzer (2007) raises a “sustainable model” of legal brothels in Queensland, Australia that successfully provide sex workers with “healthy, crime-free, and safe” working conditions (p. 458). The extent of safety in an indoor work place is disputed between Raymond (2003) and Siegel (2009). The former opposes legalised prostitution as it brings all sex workers, including street prostitutes, to work in closed places where they have less protection and cannot meet others who might assist them out of prostitution (Aghatise, in press cited in Raymond, 2003, p. 7). By way of contrast, Siegel (2009) considers the job of street prostitutes the most “dangerous and vulnerable to organised crime activities” (p. 8). Although she seems to encourage legalisation of prostitution in the Netherlands, Siegel (2009) does not forget to point out distinct weaknesses of the law. As it does not offer social security and protection to sex workers from outside the European Union (EU), they have to leave the Netherlands to a new destination; or they may enter illegal sex business instead (Siegel, 2009, p. 6). Hence, another argument against legalised prostitution claims that it expands illegal street prostitution and sex trafficking sounds reasonable (O’Connor and Healy, 2006, p. 16; Raymond, 2003, p. 7) despite the fact that there is no “casual link between legal prostitution and trafficking” in the empirical research (Weitzer, 2007, p. 457).
  • 15. Page | 14 2.3 Concepts of Human Security The concept of human security was first addressed in the 1994 Human Development Report, published by the UNDP (Human Development Report, 1994 cited in Paris, 2001, p. 89). According to the report, the concept of human security includes “safety from such chronic threats as hunger, disease and repression and protection from sudden and hurtful disruptions in the patterns of daily life--whether in homes, in jobs or in communities” (Human Development Report, 1994 cited in Paris, 2001, p. 89). In this thread, the authors who support human security see poverty and discrimination against women as root causes of sex trafficking and prostitution (Muthien, 2000, p. 48; Paris, 2001, p. 97; Bilgin, 2003, p. 203; Clark, 2003, p. 247; Friesendorf, 2007, p. 381; Panic, 2009, p. 30). As the state agenda centres only on a traditional concept of military security as a whole, it fails to distribute adequate national resources and welfare to its citizens (Muthien, 2000, p. 48; Panic, 2009, p. 30; Paris, 2001, p. 97). The main point of human security proponents is to move beyond the consideration of victims and criminals in order to promote comprehensive cooperation between various sectors on the local, national, and international levels. Just as with sex trafficking and prostitution, various authors have interpreted the term human security differently in specifying what should and should not be covered therein. Muthien (2000), Paris (2001) and Panic (2009) recognise the narrow coverage of the traditional security approach, which lacks the attention to fundamental human rights such as protection of persons and societal groups from hunger, poverty, or violence. Like Muthien (2000), Panic (2009) offers a non-traditional concept of security that covers political, economic, societal, and environmental aspects (p. 30). At the same time, Bilgin (2003) supports a new concept of security by referring to Booth’s argument (1991) that human security, or “individual security”, should be prioritised as the traditional security approach does not provide a better understanding of insecurities of individuals and societal sectors within state borders (p. 208). There are few countries that establish a concept of human security as to promote rights of individuals and societal groups (Paris, 2001, p. 87). Canada and Norway were the first two countries to stress human security networks between states and civil societies (Paris, 2001, p. 87). Nevertheless, Paris (2001) points out that the broadly
  • 16. Page | 15 defined term of human security from the UNDP's 1994 report can bring about different policy outcomes in different states (p. 90). For example, Canada focuses on the “freedom from pervasive threats to people's rights” and “safety or lives” (Ministry of Foreign Affairs of Canada, n.d. cited in Paris, 2001, p. 90). Simultaneously, the concept of the Japanese government includes “violations of human rights”, “transnational organised crime”, “refugees”, “poverty”, as well as “acquired immunodeficiency syndrome (AIDS)” (Ministry of Foreign Affairs of Japan, 2000 cited in Paris, 2001, p. 90). However, it is suggested that the state cannot be expected to provide security to its citizens at all times as states can respond to all the demands from various groups (Booth, 1991 cited in Bilgin, 2003, p. 208). Panic (2009) shifts the “reference object” of security from the state to society instead (p. 31). He, Friesendorf (2007) and Clark (2003) regard the contributions of societal actors towards establishing sustainable security with great importance. However, Friesendorf (2007) puts more effort into the promotion of transnational cooperation between societal actors in different networks because security-based problems are multifaceted (p. 384-385). On the contrary, Clark (2003) argues that it should be the state that maintains human security as it is related to state’s functions in terms of creating policies and laws to protect the populations within the borders (p. 248). Considering human security in the context of trafficking, Friesendorf (2007) points out that current stories about trafficking are do not address the root causes of trafficking, such as socio-economic problems, which incentivise women to escape from their countries (p. 381). Then again, Paris (2001) suggests that it is important to understand that socio-economic factors do not contribute to increased or decreased human security as the concept and its evolution are also related to other factors such as “physical security”, “cultural and psychological well-being” (p. 93). Friesendorf (2007) and Clark (2003) propose that, in order to solve the problem, the countries of origin, transit, and destination all must work collectively to combat trafficking. Clark (2003) agrees that the state has a leading role in counter-trafficking (p. 248), whereas Friesendorf (2007) argues that the government may exacerbate the situation. This is because the government only emphasises anti-trafficking
  • 17. Page | 16 programmes when trafficking is connected with other criminal activities such as the drug trade or weapon smuggling (p. 382). Muthien (2000) agrees with this idea, offering that the state’s biased legislation and policies contribute to the persistence of violence and discrimination against women (Mackinnon, 1987 cited in Muthien, 2000, p. 52). Hence, the role of the private sector, civil society and IOs in tackling human trafficking should be increased, as the former are closer to the problem as well as the trafficked persons (Arguilla and Ronfeldt, 2001 cited in Friesendorf, 2007, p. 385). Friesendorf (2007) points to the insufficient protection of victims as a major problem. According to him, anti-trafficking actions conducted by NGOs and IOs only pay attention to some programmes, such as establishment of shelters, while other aspects such as job training, or medical and psychological treatment are less supported (Friesendorf, 2007, p. 392-3). Furthermore, Friesendorf (2007) suggests that, in order to better contribute to public understanding of the problem, prevention programmes should focus more on economic and social root causes as the impetuses of those who emigrate (p. 394). Alternatively, Paris (2001) explains that the deficiency of protection is resultant from dependency of those organisations on state subsidies and “political strategies” in order to achieve the goals of their protection programmes (95). Overall, Clark (2003) warns that people should be more aware that the funds given to programmes might be spent for other purposes in the country of origin where economic hardships still push women to seek a better life abroad (p. 260). Among all the authors, only Friesendorf (2007) considers prosecution of traffickers as a crucial element in the elimination of trafficking (p. 392). He defends his idea by referencing the UN Protocol (2000), which supports harsher punishment against perpetrators of trafficking factor as, at present, judiciary bodies do not take human trafficking seriously and sentences for traffickers remain lenient (UNHCR, 2005 citing Friesendorf, 2007, p. 391). Others, like Clark (2001), see the provision of victims with assistance and protection from traffickers, decriminilisation of victims and improving officials’ training in methods such as counterfeit document detection as better methods of combatting trafficking (p. 257). For her, both government and non-governmental programmes should treat trafficking victims as humans and according to basic human rights (Mattar, 2002 cited in Clark, 2001, p. 259)
  • 18. Page | 17 Chapter 3 | Methodology While the main emphasis of the dissertation is merely in regards to security and gender-based issues, many different sorts of materials are required to ascertain the causes and effects of the persistence of sex trafficking in and from Kazakhstan. It is necessary to narrow down the scope of the research in order to comply with time limitations. Moreover, the sensitivity of trafficking issues was unavoidable because they are associated with both state agencies and individuals, each of which have their own reasons to be concerned about full disclosure. 3.1 Research Strategy The consideration of research quality is important because the results of research can produce knowledge applicable for real-world situations or initiate implications for policy and project implementation in the near future. This research study engaged in a mix of methodologies, using broad quantitative and qualitative approaches including structured questionnaires and in-depth interviews in order to make research methodology match the research questions and hypotheses (Kelly, 2005a, p. 236). The positivist approach of quantitative research methodologies, which provide descriptive information for empirical testing, has only been reliable in the past (Levy, 2003, p. 369). Presently, it fails to explain the participant’s perception on the problem and the factors leading thereto (Levy, 2003, p. 370). In this case, a qualitative method is one of the most implemented to account for this limitation. It allows the researcher to “work closely with participants within an organisation and collect information pertaining to their personal thoughts and experiences” (Levy, 2003, p. 370). Although the combination of two orientations in a single project might be criticised for being “more complex, costly, and time-consuming”, this method suggests a reflective analysis of public opinions on trafficking issues (Fry, G., Chantavanich, S., and Chantavanich, A., 1981, p. 146). In addition, it offers a better understanding of gender and legislative paradigms that shape individual views. However, both approaches face certain obstacles for the collection of a range of information about sex trafficking in and from Kazakhstan. First of all, a lack of
  • 19. Page | 18 systematic data collection and a lack of supportive agencies that effectively work to survey and assist in this field are key problems of the research. As the recent statistics about sex trafficking and prostitution are examined from a few cases of identified victims, the figures reported by organisations and governments are considered unreliable due to a lack of “methodological transparency” (Wietzer, 2007, p. 456). The under- and overestimated figures reported from different sources can mislead the researcher as to the given intensity of human trafficking and hide the real number of trafficked victims due to the vague distinction between trafficked victims, prostitutes, and illegal migrants. Unfortunately, it is out of reach for the research to create a new definition for trafficking, smuggling or migration to calculate the inestimable data of trafficking. Nor did it provide any insights into personal experiences of the participants. It solely encourages an understanding of trafficking in a wider analysis and reassures the importance of the public authorities to develop and implement national policies and legislation to promote public awareness and combat trafficking. 3.2 Research Stage 3.2.1 Academic Literature and Policy Documents The first stage was developed from analysis of literature and articles on human trafficking and migration, prostitution, media framing, human rights and human security, development, and globalisation. Relevant articles were chosen from both mainstream and alternative scholars who make arguments on a range of sex trafficking and prostitution, such as consent versus compulsion, legalisation versus criminalisation, or morality versus responsibility of women. Moreover, the state's position for the combatting of trafficking was gleaned through examination of national policies and legislation. There is a particular set of local and international reports dated between 2008 and 2012 from local and international organisations. This is because most of the reports, especially from the U.S. Department of State and the UN agencies, provide almost the same sort of information about trafficking every year. All of the reports are accessible
  • 20. Page | 19 from Internet databases. A list of the policy documents and high level reports can be found in Appendix 1. 3.2.2 Newspaper Analysis This stage was conducted by collecting data from three online newspapers of Kazakhstan, namely the Karavan, the Express-K and the Kazakhstanskaya Pravda as they store a yearlong database of news outlets in relation to sex trafficking in Kazakhstan. However, only the publications between 2008 and 2012 were drawn from Internet databases as prior to the year 2008 there exist very few stories related to sex trafficking in the Kazakhstani media. The web-based content analysis was carried out through using a few keywords on the search engine of each website, such as sex trafficking, human trafficking, sex slave, prostitute, and prostitution. It explained how the topic of sex trafficking relating to gender-based issue appears in the media, i.e. what content emphases it receives in reporting, which aspects are dealt with and which are absent, the implications of framing trafficking in the media, and how these help to shape a specific anti- trafficking paradigm. Nontheless, the fact there remains a lack of official analysis about the media response when women are exploited on a large scale indicates that there is a problem in “the structural manifestation of representation” from the media (Pajnik, 2010, p. 46). 3.2.3 Survey Questionnaires and Interview Conducting questionnaires and interviews might be criticised by the qualitative research studies for “being unrepresentative, impressionistic, unreliable and subjective” (Fry et. al, 1981, p. 146). Nevertheless, they are both created to understand personal thoughts of individuals that are important to the change of public authorities’ behaviour and policy. The questionnaires query the respondents’ background (which is anonymous), their general understanding about sex trafficking of women in and from Kazakhstan, and their attitudes in regards to the importance of public authorities’ response to solve the problem. These were given to sixty-three Central Asian students of KIMEP University, both men and women. Additionally,
  • 21. Page | 20 interviews were conducted with representatives from local organisations and an IO working directly against human trafficking within and from Kazakhstan. However, this part was not intended to explore deeper insights into personal experiences of the interviewees. Rather, it illuminated certain important opinions of organisations about the state's response and possible solutions to eliminate the trafficking of women.
  • 22. Page | 21 Chapter 4 | Media Functions This chapter has two main focuses. Firstly, it considers the impact of state control over mass media, the media agenda, and the media depiction of victimisation in sex trafficking. Secondly, it examines the media coverage of the legislative regarding sex trafficking in three local newspapers. 4.1 The Media’s Role 4.1.1 State Control Over Mass Media The local media in Kazakhstan has been controlled by the state since the beginning of 1990s (Botagarov, 2010, p. 2). The state prohibits mass media from releasing “inappropriate” information, such as the account of illegal actions by or destructive criticism of the government and its policies (Botagarov, 2010, p. 2). As a result of the amendments to the National law “On Mass Media” adopted at the end of May 2001, the state is in the right to close down local mass media outlets suspected to be undermining national security at any time (Botagarov, 2010, p. 3). It is more difficult for local media to publish sources and viewpoints that question the values and legitimacy of state functions, as the majority of mass media outlets are controlled by the Kazakhstani state. The largest electronic and printed media services are monopolised by the President’s inner circle and important politicians (Bufalova, 2000 cited in Botagarov, 2010, p. 2). There remain very few independent media outlets in the hands of “highly influential commercial groupings” (Bufalova, 2000 cited in Botagarov, 2010, p. 2). A report by the Organisation for Security and Co-operation in Europe (OSCE, 2002) revealed that increased attacks against journalist as a result of the media stance against corruption. The violence against journalist included beatings, unlawful detention and other forms of harassment (p. 16). For example, there were three attacks against journalists in July 2001 and then three reporters from the Almaty newspaper Karavan were badly beaten in December 2001 (OSCE, 2002, p. 16). It is explained that in most cases of the report related to criminal activities, the publications appear to be a consequence of the media owners’ attempt to discredit competing individuals or
  • 23. Page | 22 groups in power while the Kazakhstani state is still capable of punishing such media outlets through judicial means. (“Transparency Kazakhstan,” 1999 cited in Botagarov, 2010, p. 3). Though the Kazakhstani media coverage reflects an absence of criticism on corrupt officials involved with trafficking crimes, it cannot be argued that journalists paid no heed to critical views of core institutions. Considering one of the amendments to the law “On Mass Media”, one may understand that the online media makes an effort to avoid troubling their audience (Gulati, 2010, p. 22). The registration of all websites in Kazakhstan is required, and responsibility lies on authors, editors, media owners, and even contributing audiences for the “publication of opinions and evaluative judgments” towards government-related issues (Adil Soz, 2001 cited in Botagarov, 2010, p. 4). 4.1.2 The Media Agenda According the “agenda-setting theory” proposed by Wallinger (2010), he asserts that the media coverage can affect public perceptions about trafficking and relevant issues, and at the same time it can also bring the problems to the public agenda (Ghanem, 1997, p. 4 cited in Wallinger, 2010, p. 7). In the case of Kazakhstan, people have been distracted from the matter of corruption or other illegal actions due mainly to the state controls over publications (Uderbayeva, 2000 cited in Botagarov, 2010, p. 1). Even though the media helps to reflect the real circumstances, it still fails to raise public awareness and pressure on the state in order to eliminate sex trafficking of women. Some researchers (Gans, 2005; Schudson, 1980) acknowledge that the “inadequate and unrepresentative coverage” of the media is also from the fact that certain media primarily serves the state agenda (as cite in Gulati, 2010, p. 22). Consequently, it is hard for its journalists to write from alternative perspectives or offer critiques that challenge its “established beats” (Entman, 2004 cited in Gulati, 2010, p. 22). There also remains an absence of recommended solutions from the Kazakhstani journalists. As in many countries, journalists still lack a deep understanding of trafficking and the analytical skills to represent its true complexity as an international issue (Casselman, 2004 cited in Gulati, 2010, p. 23). Moreover, the “declining
  • 24. Page | 23 resources for investigative reporting and international coverage” may partly contribute to “the misleading coverage” of mass media (Flournoy 2004; Ricchiardi 2008 cited in Gulati, 2010, p. 23). There is still no “systematic research” meant to improve the media role in “meaning-making processes about trafficking” (Pajnik, 2010, p. 46). This means the media has not yet been recognised as important in the framing of trafficking in an in-depth discourse with academic research (Pajnik, 2010, p. 46). 4.1.3 Media Framing of Victimisation One controversial issue has been recently that the Kazakhstani media lack a consistent focus on human trafficking and smuggling while solutions to the problems are rarely presented. This shows the link between state agenda and media framing in that the Kazakhstani media aims at protecting the women in trafficking from social and legal punishment against other voluntary activities (Hr!enjak, 2005 cited in Pajnik, 2010, p. 57). As Kazakhstani state policies and laws punish voluntary prostitutes who illegally migrate, the media only portrays physical vulnerability of forced prostitutes from “poor ex-communist countries” as those who are excluded from economic opportunities in destitute societies (Jokic !, 2003 cited in Pajnik, 1020, p. 56). In addition, today, trafficking and sex trafficking become indistinct from one another in the global media. This affects public opinion about trafficking, as it is assumed that the only purpose of trafficking is for sexual exploitation (Pajnik, 2010, p. 57). Pajnik (2010) suggests that the media should focus more on the root causes of trafficking in women in the context of “diverse personal experiences and migration patterns in a world order that is highly gendered and racialised, as well as stratified by class,” as it might help readers to better understand that those who commit other criminal acts, whether voluntarily or involuntarily, can also be victims of trafficking at the same time (Pajnik, 2010, p. 46). In other words, there are other issues which are important than determining whether trafficked women are criminals or victims in the multifaceted phenomenon. The media produces the meaning of trafficking within particular discourse that excludes the male clients from public understanding of reality (van Dijk 1985 cited in Pajnik, 2010, p. 46). According to Bindel (2006), the clients are not treated as a part of the
  • 25. Page | 24 situation and allowed to leave a brothel or massage parlour raided by the police before it is examined whether or not the women are working there voluntarily (Bindel, 2006, p. 26). In fact, male clients can be “a valuable source of information and their input would add to the validity and balance of the story” (Bindel, 2006, p. 26). Nonetheless, a number of media and journalists largely ignore this matter as the whole society accepts the purchase of “sexual acts” as serving “men’s sexuality” and “sexual drive” (Bindel, 2006, p. 26). 4.2 News Analysis 4.2.1 Analysis Methods and Tools Though the research attempted to analyse a number of previous and current news outlets regarding sex trafficking in and from Kazakhstan, it was not possible to study in detail the coverage of all the main important newspapers in Kazakhstan. The research was thus carried out through a web-based content analysis of three online newspapers in Kazakhstan, namely the Karavan, the Express-K, and the Kazakhstanskaya Pravda. These newspapers are unique in that they have an archive of relevant articles on human trafficking and sexual exploitation that can be found through an online search. The first two sources are private newspapers in Russian, while the third is government newspaper in both English and Russian. All three are nationwide newspapers, offering broadsheet versions as well. The target readers of the first two newspapers are ordinary locals as the language used by the journalists is colloquial. Only Kazakhstanskaya Pravda aims at a readership that is interested in further issues about the proceedings of government policies and legislations. The first step in finding relevant stories was to break down the topic into a few keywords, such as seks trafik (sex trafficking), torgovlya ludmi (human trafficking), seks rabynei (sex slave), prostitutsya (prostitution), zhivoi tavar (living goods), and nochniye babochki (night moths). Secondly, it was necessary to limit the period of the analysis to between 2008 and 2012, as prior to the year 2008 there exist very few stories related to sex trafficking in the Kazakhstani media. Although the Kazakhstani government has joined the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others since 2004, media
  • 26. Page | 25 attention to human trafficking apparently only emerged after a case of forced child labour in a region of southern Kazakhstan was reported in 2009 (U.S. Department of State, 2010, p. 193). Tellingly, a search directly related to sex trafficking and prostitution showed thirty-four articles on Karavan, fifty-three articles on Express-K, and twenty articles from Kazakhstanskaya Pravda. 4.2.2 Media Coverage on Legislative Framework The three newspapers considered the economic instability one of root causes compelling young girls to engage in prostitution. Due to the false promises of easy jobs, a number of women and girls were tricked into working as prostitutes inside and outside of Kazakhstan (Koemets, 2009, n.p.; Mathalikova, 2009a). These sort of cases reported in the newspapers mainly took place in Southern Kazakhstan, such as Shymkent and Almaty, because a majority of the female victims were transported from Russia, Uzbekistan, although many also ended up in cities such as Astana, Kokshetau, Ust-Kamenogorsk, Atyrau, Aktobe and Karaganda (e.g. “Putany zdes zaletniye,” 2011, n.p.). It was not deniable that some girls were voluntarily engaged in prostitution with a promise of decent profits; nevertheless, Karavan and Express-K presented their stances on victimised girls of trafficking as innocents by primarily reiterating stories about girls who were beaten, raped, or otherwise threatened by pimps between 2008 and 2012 (e.g. “Devochki na export,” 2011; Goncharova, 2011; Mahmet, 2011). As for them, trafficking victims were still recognised as victims in the hands of pimps and traffickers (Koemest, 2009, n.p.; Mathalikova, 2009a, n.p.; “V strana dostatochno,” 2008, n.p). The three newspapers paid a great attention to violence against trafficked women and the existence of traffickers and perpetrators in trafficking. A journalist of Karavan (Dzhikibaev, 2009) pointed out “If women are going to provide sex services voluntarily they will be protected from their rabotodatelei (employers). Yet, if they are forced to so it, this is a separate term and requires severe punishment [against traffickers]” (Dzhikibaev, 2009, n.p.). Express-K alone was concerned that insufficient evidence of physical violence, kidnapping, and deprivation of liberty was thwarting legal punishment of pimps and traffickers (Mathalikova, 2009a, n.p.). The journalist pointed out that most cases reach the courts and use Article 271-The
  • 27. Page | 26 Organisation or Maintenance of Whorehouses and pander to punish pimps or brothel owners. However, most traffickers are not guilty due to the special protection provided (Mathalikova, 2009a, n.p.). In fact, no direct media criticism of criminal involvement of state employees was presented because the coverage mostly follows the government-approved message without real depth of content. Still, the consistent reports of obvious prostitution under the roofs of local hotels, saunas, and massage parlours could imply corruption accommodating the sex business in Kazakhstan (Dzhikibaev, 2009, n.p.; Mathalikova, 2009a, n.p). Considering a preventive action “Stop Traffic” in prosecuting those who are involved in prostitution or the perpetration of human trafficking, the three newspapers agreed that it was a good starting point in enhancing official authority to inspect many places and prevent trafficking in minors. However, Express-K objected that safety and protection of female victims could not be guaranteed if the government officials were still involved in criminal activities (Bilai, 2010, n.p.). Moreover, the government still lacked professional resources dealing with the trafficking issue. At the same time, the success of “Stop Traffic” required criminal evidence and witnesses to prove the offenders’ guilt. As a result, very few sentences were successful (Bilai, 2010, n.p.). Kazakhstanskaya Pravda (2008) shared a mutual concern with the Karavan (2012) on foreign victims trafficked within Kazakhstan. Distinctively, the former encouraged interdepartmental co-operation in the Ministry of Justice to deal with the smuggling and trafficking issue (“V strana dostatochno,” 2008, n.p.). It asserted that the lack of legal, social, and health services chiefly increased vulnerability of the illegal female migrants. It relegated the women to underground employment including sex trafficking and slavery (“V strana dostatochno,” 2008, n.p.). At the same time, Karavan argued that foreign victims in forced prostitution should not be treated as criminals in illegal migration as they currently are, even though the Criminal Code does not provide penalty against prostitution (“Putany zdes zaletniye,” 2011, n.p.). In their view it was also essential to improve Kazakh humanity and neutrality through fair social and legal treatment or assistance (“V strana dostatochno,” 2008, n.p.; “Putany zdes zaletniye,” 2011, n.p.)
  • 28. Page | 27 Express-K claimed that stricter border controls make it more difficult for migrants to pass legally into the country, increased the incidence of prostitution; this was supported by local pimps and traffickers (Mahmet, 2011, n.p.). One solution recommended by Express-K was to increase the purview of punitive law such that it works better against both big and small criminals in sex trafficking and prostitution. At the same time, it suggested that the laws have to provide protection to trafficking victims and witnesses, together with the prohibition of every criminal activity including prostitution (Mathalikova, 2009b, n.p.). In January 23, 2009, Karavan mentioned the brutal murder of two street prostitutes in Almaty as a question of whether the “Stop Traffic” action programme was effective (Gubaidulina, 2009, n.p.). Karavan argued that the public should be more concerned with violence against prostitutes, as in Netherlands where legalised prostitution guarantees legal protection for those who run to the police (Cheloveka, 2009, n.p.). For Karavan, sex trafficking in minors would also be impossible in a situation of legalised prostitution, as consistent checks from the police would be required (Cheloveka, 2009, n.p.). Hence, it offered pros and cons of legalised prostitution to the audience as it believed that legalisation of prostitution could be a means to solidify relationships between prostitutes and employers as well as prostitutes and clients under legal controls (Cheloveka, 2009, n.p.). However, better public understanding and consensus on the issue were needed before any final decision about legalisation of prostitution could be made (Gubaidulina, 2009, n.p.) Of the three newspapers, Karavan alone possessed a more progressive coverage format whereby the audience was welcome to leave feedback on any articles, (Gubaidulina, 2010, n.p.). Here is a sample feedback of a male reader on the Karavan article “Ulitsy Krasnyh Fonarei” (Red Light Street): “I am fifty-seven years old, [I have been] without my wife for seventeen years. I have been trying to find a new wife… all mature women need a rich husband and have a lot of problems. Tired of this, I went to prostitutes and found what he was looking for a minimum of time and money. So I think that prostitution is necessary and should be legalised”. (Gubaidulina, 2009, n.p.)
  • 29. Page | 28 In contrast to Karavan and Express-K, Kazakhstanskaya Pravda ignored almost all information about prostitutes, whether forced or not, in their coverage. The main interest of the Kazakhstanskaya Pravda was presumably to disseminate the concerns of the state and the UN agencies on sex trafficking and related issues such as human security and protection in order to stimulate public awareness. The newspaper also paid attention to the population’s awareness of trafficking, which so far leaves much to be desired. It referred to the data from the Union of crisis centers that, 86% of Kazakhstanis have never heard of human trafficking (Semenova, 2011, n.p.). Considering this claim, Kazakhstanskaya Pravada overlooked the importance of media’s function in offering the public to express their opinions on the newspaper or proposing solutions to counter trafficking. In response to trafficking, Kazakhstanskaya Pravda suggested that the awareness should emerge in households at first. It argued that women should be more independent from men, whereas political will of the leadership would have to support the idea for successful development in the scope of gender equality (Khairullina, 2011, n.p.) This idea is akin to Clark (2003) in Chapter 2 that the issue of trafficking relies mainly on the responsive combat of public authorities to ensure the protection of individuals from harm of any criminal activities (p. 247-248). Yet, Kazakhstanskaya Pravda stressed more on the role and function of international organisations such as the IOM in combatting trafficking. It claimed that trafficking became has become a transnational and international issue requiring a cooperative programme from governments, NGOs, and IOs (“V strana dostatochno,” 2008, n.p.). In sum, the newspaper encouraged public authorities to assist victims with access to protection of their rights, rehabilitation shelters, as well as cooperation between local organisations and policemen in order to eliminate trafficking, especially in minors (Semenova, 2011, n.p.; Gubaidulina, 2009, n.p.; “V strana dostatochna,” 2008, n.p.). In terms of recommended solutions, Karavan and Express-K argued that sexual exploitation and other forms of violence against women and girls could be curbed by eliminating male demand through criminalisation of clients (Gubaidulina, 2009, n.p.; Myskina, 2008, n.p). However, none of the three newspapers paid serious attention towards male clients while focusing on violence against girls and women. They did not conduct any interviews with clients after the brothels were raided despite the fact
  • 30. Page | 29 that they displayed their stance on prosecuting clients in addition to pimps and traffickers (e.g. Koemets, 2009, n.p.; Myskina, 2008, n.p). They represent the accurate opinion of Bindel (2006) that the media discourse excludes male clients from public perception as to some extent it still accepts purchasing of women for male pleasure.
  • 31. Page | 30 Chapter 5 | Public Policies and Legislations 5.1 State Policy against Human Trafficking In post-Soviet Kazakhstan, violence against women has become more prevalent since the transition period. It is assumed that pressures from unemployment and women’s increased independence contribute to men becoming abusive toward both themselves and especially women inside and outside of the home (Asian Development Bank [ADB], 2006, p. 49). At the same time, women’s “double burden” to work in private and public spheres, employment discrimination, as well as poor health conditions contributes to the vulnerability of women and their dependence on depressed men (ADB, 2006, p. 13). In 2005, the United Nations Development Fund For Women or UNIFEM (2005) estimated that 60% of women in Kazakhstan have undergone physical or sexual assault (as cited in ADB, 2006, p. 49). The Kazakhstani government believes that poverty is a root cause of gender-based violence, including trafficking of women. The government has made a greater effort to alleviate “gender imbalances” in economic status and support women’s right through development programmes in an attempt to help them be less vulnerable to male violence (ADB, 2006, p. 13). However, Russell (1975) argues that state policies and legislations on the improvement in women’s status in turn may increase their risk of abuse from other men while working outside home (as cited in Xie, Heiner and Lauritsen, 2012, p. 106-107). Additionally, the focus on economic growth might be a cause of increased demand for women and girls to be used for forced labour and sexual exploitation (Watts and Zimmerman, 2002, p. 1235). In regards to national policy, the Kazakhstani government initiated the Action Plan of the Government of the Republic of Kazakhstan to Combat and Prevent Human Trafficking Crime for 2009 to 2011, intended to “ensure and coordinate the actions to fight and prevent human trafficking” (“About the action plan,” 2009, n.p.). It provides a basic framework of how the following government organs are to combat human trafficking.
  • 32. Page | 31 (i) The Ministry of Justice (MJ) is responsible for supervising the functions of the Inter-Agency Committee to combat trafficking with the assistance of NGOs and IOs. It also receives reports on the progress of policies and programmes from other ministries. (ii) The Ministry of Internal Affairs (MIA) arranges investigation training to its employees including migration service officials in order to enhance the capability of detecting, preventing, and suppressing trafficking. (iii) The Ministry of Education and Science (MES) has responsibility for raising public awareness by establishing legal knowledge in educational institutions. It plays a leading role in organising seminars and meeting within the regions of Kazakhstan with participation of NGOs and young populations on the subject of “How Not to become a Victim of Human Trafficking”. (iv) The Ministry of Cultural and Information (MCI) arranges public campaigns and media information to combat trafficking. It is responsible for producing print media, broadcasting programmes, and documentaries. (v) The Ministry of Foreign Affairs (MFA) provides assistance to Kazakhstani victims of trafficking abroad. (vi) The Prosecutor’s General Office (PGO) analyses the investigations of criminal cases regarding human trafficking under the Criminal Code of the Republic of Kazakhstan and collects data about trafficking cases. Each ministry is also tasked with helping to draft laws on human trafficking and international treaties with the country of origin, transit, and destination regarding financial support for the repatriation of Kazakh victims (“About the action plan,” 2009, n.p.). Nevertheless, the government still fails to prevent the problem for the following reasons: first of all, there remain political, economic, and social problems, requiring enormous financial support from the government. Gender-based issues are thus a
  • 33. Page | 32 lower priority for the state’s agenda (Avdeyeva, 2007, p. 892-893). Secondly, there is very little evidence of positive outcomes from government actions in all forms of violence against women, as the related ministries have provided very few reports on the progress of government policies and programmes (ADB, 2006, p. 24). Thirdly, despite police training and public campaigns across all regions of Kazakhstan, in reality, these actions are concentrated in larges cities and ineffective; social stigmatisation of victims of gender-based violence is still strong, especially those trafficked for sexual exploitation (Avdeyeva, 2007, p. 891-892). 5.2 Loopholes in the Criminal Code of the Republic of Kazakhstan In 1994, the Kazakhstani government ratified the Convention of the Rights of the Children. This Convention was completed with two Optional Protocols about “child trafficking, prostitution, pornography, as well as and armed conflicts of children (“National Kazakhstan Report,” n.d., par. 2). In 2008, the government also ratified the 2000 UN Convention against Transnational Organised Crime (UNTOC Convention), including the Protocol to Prevent, Suppress and Punish Human trafficking, especially Women and Children (TIP Protocol) (“Kazakhstan ratifies UN Convention,” 2008, n.p.). Despite its ratification of international treaties on human trafficking, Avdayeva (2007) argues that the Kazakhstani government fails to comply with its commitment to any international treaties or internal goals of combatting human trafficking (p. 878). According to her, the act of ratification is only to outwardly signal that its behaviour is appropriate and harmonious with other states, without real substance of action. Hence, the ratification of trafficking treaties does not represent the state’s intention and capacity to enforce national policies and legislation compatible with the treaties (p. 878). Inadequate efforts of the Kazakhstani government to comply with international treaties have also been assessed by the US Trafficking in Persons (TIP) report. In 2003, Kazakhstan was placed on Tier 3, representing the poorest conformity with international standards (Kelly, 2005a, 77). In response, Kazakhstan enacted new laws in September of the same year as to ensure that trafficking for sexual exploitation was covered in the following articles: Article 125 “Abduction”, Article 126 “Unlawful Deprivation of Freedom”, Article 128 “Recruitment, as well as Export and Transit of
  • 34. Page | 33 persons for exploitative purposes”, Article 133 “Trafficking in Minors”, and Article 270/1 “Procurement/ prohibition of brothels” (Kelly, 2005a, p. 78). At present, Kazakhstan is placed on Tier 2 as it has improved law enforcement against trafficking such that the number of cases investigated by the police has increased from forty-nine cases in 2009 (U.S. Department of State, 2010, p. 194) to eighty-eight cases in 2010 (U.S. Department of State, 2011, p. 211). Additionally, more attention is paid to investigating cases of sex trafficking in minors as well as increasing punitive laws on the conviction of offenders in this field. There is also the increased identification of victims; however, the law enforcement agencies fail to distinguish migrants from potential victims of trafficking and assist victims, whether local or foreign (U.S. Department of State, 2011, p. 210-211). Nonetheless, in the consideration of the Criminal Code of the Republic of Kazakhstan (1997), the laws reflects the government’s poor commitment with international treaties to the protection of victims, prevention of trafficking, and prosecution of perpetrators of all forms of trafficking. The Articles regarding human trafficking and sexual exploitation in the Criminal Code are here analysed: Article 128 - Recruitment, as well as Export and Transit of persons for exploitation is a basic law to interpret trafficking cases, containing a description of recruitment of persons, committed by way of deception, for the purpose of their sexual or other exploitation (“Law no. 167 of 16 July 1997,” n.d., n.p.). Penalties of exploitation may be a fine, confiscation, correctional labor, and restriction of freedom, detention, or deprivation of freedom for a period up to one year. A more severe penalty and deprivation of freedom up to five years are identified in this Article if the perpetrator acts as a member of an organised crime group. It describes the crime committed by means of exporting people beyond the boundaries of Kazakhstan or carrying people through the territory of Kazakhstan from one foreign state to another for sexual or other forms of exploitation. In this case, the penalty for the perpetrator of this crime is deprivation of freedom for a period from three up to eight years, with possible deprivation of property (“Law no. 167 of 16 July 1997,” n.d., n.p.). Article 128 still has problems within the main contents as the following reasons illustrate. Firstly, it does not provide a definition of exploitation in a particular term
  • 35. Page | 34 though the recruitment methods are identified (Badikova, 2006, p. 113). The law covers only recruitment by means of deception, meaning that persons who might not be deceived but willing to be in prostitution due to debt-bondage, threats to safety, or blackmail cannot be protected (Kelly, 2005a, p. 69). Additionally, evidence of recruitment or receipt resulting from the deception or promise of remittances cannot be found if victims of trafficking make their own decision to work or put themselves into smuggling (Kelly, 2005a, p. 69). It is also possible that the deception of the recruiter cannot be proven. In a case that women are deceived to be prostitutes, the recruiter is not found guilty of deception unless the prosecution can prove the purpose of illegal deprivation of a person’s freedom (Badikova, 2006, p. 110-111). It is difficult for the investigative officials to track the recruiters, as many of them are unlicensed and illegal travel or employment agencies (Yermakanov, 2003 cited in Kelly, 2005a, p. 44). Even though there may be a few agencies registered, traffickers might take a chance by providing the agencies fake documents such as contracts in order to lure those who have no experience in seeking work (Kelly, 2005a, p. 45). Secondly, offenders in trafficking cases cannot be charged unless the prosecution can prove a connection between recruiters and exploiters and the purpose of exploitation (Badikova, 2006, p. 112-113). It is far beyond Kazakhstani ability to investigate recruitment and prove exploitative purpose of the recruiters, as the prosecution depends on a proof of a “criminal agreement”, “organisation of trafficking network”, and “relationships between the network’s actors” (Badikova, 2006, p. 115). The requirements for procedural prosecution are complicated, making it very difficult; traffickers may escape conviction and re-traffic victims in forced prostitution (Badikova, 2006, p. 115). In addition, several cases of sexual exploitation take place outside Kazakhstan (Badikova, 2006, p. 114). Badikova (2006) stresses that Kazakhstan still lacks cooperative law enforcement and experience investigating sexual exploitation with countries of transit or destination (p. 117). In 2010, there were few cases of joint investigation between Kazakhstani and transit or destination country, when United Arab Emirates (UAE) and Russian officials returned Kazakhstani victims to Kazakhstan (U.S. Department of State, 2011, p. 212). Considering legal punishments, Kazakhstan fails to comply with the requirements of the UN Convention regarding the minimum punishment that should be provided for
  • 36. Page | 35 “serious crimes” (Mattar, 2005, p. 176). One of several amendments submitted to the Parliament in October 2004 proposed the sentencing of traffickers to no less than eight years of imprisonment, but it has not been passed yet (Badikova, 2006, p. 110). The Criminal Code solely prescribes penalties for trafficking offenders of up to fifteen years imprisonment (U.S. Department of State, 2010, p. 194; U.S. Department of State, 2011, p. 211) while it is reported that the minimum punishment is not determined. Considering previous sentences, the minimum punishment for twenty- seven convicted offenders was two years in 2010 (U.S. Department of State, 2011, p. 211). A year later, the sentences ranged from two years for nine sex trafficking offenders to five and a half years for eleven others (U.S. Department of State, 2010, p. 194). Apart from Article 128, there remain several problematic articles indirectly related to the sexual exploitation that are of importance enough to be discussed: Article 119 – Abandonment of an Endangered Person indicates that the abandonment of a person without help, when that person is unable to escape from a danger due to their “minor age” or their “helpless state” should be punished by means of detention under arrest for a period up to three months (“Law no. 167 of 16 July 1997,” n.d., n.p.). It can be de jure implemented to all types of perpetrators, including clients, witnesses and policemen. In the absence of local witnesses, it is difficult to assist victims before re- transportations or establish a profile of pimps and traffickers, since they have frequently moved between locations all over the big cities, coupled with an “interlinking of the national sex industry and trafficking” as to avoid police investigation (Kelly, 2005a, p. 46). As a result, a number of trafficking cases are either dismissed or closed. Very few traffickers and other perpetrators are convicted, or even reach the court, as witness testimonies from their victims often represent the only evidence considered (Mattar, 2005, p. 203). With regard to the police’s functions, Article 119 may be not directly meant to determine punitive measures against state officials. Rather, Article 321 – Violence
  • 37. Page | 36 with Regard to a Representative of the State Authorities seems to be closer with the criminal acts involved with the state officials. The persistence of sex trafficking victims in prostitution venues such as local hotels, massage parlours, casinos, and street venues in big cities of Kazakhstan is presumably encouraged by corruption of the state employees due to very little money they earn from the government (Dzhikibaev, 2009, n.p.; Kelly, 2005a, p. 41). In several oblasts, the local officials in the Department of the Interior (DVD) protect pimps or traffickers from investigation while certain officials also have very close relationships with criminals in sex trafficking (Kucuk, 2007, par. 1). Despite a nationwide anti-trafficking operation, victims who run to the police may face violence and/or discrimination through illegal detention, illegitimate methods of investigation, as well as sex abuse (Kelly, 2005a, p. 57). Their traumatic experience is representative of how much state officials are indifferent to their duty in protecting citizens from violence. Moreover, proof of physical violence is a significant element for investigating exploitation and prosecuting recruiters, traffickers, and perpetrators (Badikova, 2006, p. 113). The fact that trafficking is a transnational crime recurring probably in the countries of transit or destination outside Kazakhstan cannot be overlooked. It is hard to convict traffickers of forced transportation and detention of victims (Badikova, 2006, p. 114). As Article 126(2)(c)(d) for illegal deprivation of freedom considers this crime physical violence by means of “objects or weapons causing disability of person to move” (“Law no. 167 of 16 July 1997,” n.d., n.p.), it is indifferent to the fact that some women and girls may continue to be in sex trafficking without physical detention due partly to psychological and/ or economic coercion such as verbal threats, debt-bondage or blackmail. Article 115 – Infection with Venereal Disease and Article 116 – Infection human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/ AIDS) is recognised as a law relating to sex trafficking, such that a number of women and girls in prostitution, whether voluntarily or not, as well as clients can be prosecuted for being infected with venereal disease or HIV/AIDS. The problem of this Article is that it particularly represents an infringement of human rights such as privacy of women in the sex work. Although this Article also intends to
  • 38. Page | 37 prosecute any persons who spread HIV/AIDS, including customers of prostitution. In fact, none of Articles in the Criminal Code can punish the clients effectively. Likewise, Article 116 is also less possible to arrest HIV positive clients than prostituted women. This is because of the fact that male clients are first allowed to leave the brothel raided by the police and that Kazakhstan has not yet criminalised those who buy sex (Bindel, 2006, p. 26). In contrast with the clients, some sex workers, both voluntary and involuntary, can be arrested if it is proved that there are HIV/AIDS infected despite their “lack of awareness” about the risks of transmission and “lack of control over the use of condoms” (ADB, 2006, p. 48). According to the World Bank’s report in 2005, 30% of 50,000 tested commercial sex workers (CSWs) using drugs had HIV/AIDS as only 20% of them were using condoms (ADB, 2006, p. 48). It is observed that the overall attempt to counter HIV/AIDS transmission was undermined by the government’s indifference towards women’s problems such as health status (ADB, 2006, p. 48). The programmes and campaigns aimed to counter the spread of HIV/AIDS were adopted and applied in large cities in 2001; however, no particular legal protection or treatment for victims of sex trafficking was provided (ADB, 2006, p. 48). Overall, it is undeniable that certain women are aware of the danger of forced prostitution and trafficking, but still make a decision to illegally work abroad (Wietzer, 2007, p. 453-454). An inestimable number of trafficked victims may happen upon sexual exploitation, torture, detention, or poor living conditions, but eventually they are still considered just illegal immigrants or illegal prostitutes in the destination countries. Although certain victims are assisted by support agencies, joint investigations between Kazakhstan and other countries of transit and/or destination are highly required. This is because the number of victims identified by the Kazakhstani government and countries of destination has still been minimised (Kelly, 2005a, p. 42). In 2010, only nine foreign victims were identified, with two victims of forced labour included (U.S. Department of State, 2011, p. 211). The government allowed foreign victims who participated in investigations and prosecutions to stay in Kazakhstan until the end of the process. However, they did not receive offers for “long-term
  • 39. Page | 38 residency” (U.S. Department of State, 2011, p. 211). The law has guaranteed neither their temporary residence permits nor protection for trafficking victims who serve as witnesses from “immediate deportation and/or charges for their illegal stay in the country” (Badikova, 2006, p. 110). By the 27th of January, 2011, for instance, over eleven hundred illegal migrants had been expelled from Kazakhstan as a result of the inspection of the Prosecutor’s General Office of Kazakhstan (“Over 1,100 illegal migrants,” 2011, n.p.). In practice, the government agencies intended to send all victims back to their countries as they were considered illegal migrants against Article 330 - Deliberate Illegal Crossing of the State Border of the Republic of Kazakhstan and Article 330-1-- Failure to Implement a Decision on Expulsion. The former describes punitive measures against foreigners who work without “appropriate permit from the authorised body” while the latter addresses the “failure of foreign citizens and stateless persons to comply with the decisions adopted for their expulsion beyond the boundaries of the Republic of Kazakhstan” (“Law no. 167 of 16 July 1997,” n.d., n.p.). According to these laws, illegal migrants in sexual exploitation within Kazakhstan will be punished and deported, instead of getting legal, social, or medical assistance (U.S. Department of State, 2011, p. 212; Mattar, 2005, p. 192). 5.3 Immigration Restrictions as Anti-Trafficking Response To a large extent, Kazakhstan considers foreign migrants a positive factor in order to improve its “economic and demographic situation” and increase urbanisation of Kazakh population in populated areas (“Nezakonnaya megratsiya,” 2006, p. 1: “Kontseptsii migratsyonnoi politiki,” 2007, n.p.). On September 5th , 2000, the Kazakhstani state approved the Conception of Migration Policy of Kazakhstan to promote basic human rights, as a “certain standard” for the state’s legislation towards labor migrants in the country (See “" Kontseptsii migratsyonnoi politiki,” 2000 cited in “Kontseptsii migratsyonnoi politiki,” 2007, n.p.; Esetova, 2008, p. 86). Nevertheless, it is claimed that the flow of illegal migrants from other Central Asian states to some degree had “negative consequences” on preserving and developing “national identity” and especially “national security” (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.). As its “lack of coherent policy,” “legislative weakness,” and “liberal migration policies” also contributed to illegal migration; Kazakhstan
  • 40. Page | 39 developed the next Conception of Migration Policy to make a greater effort towards the elimination of illegal migration. (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.) 5.3.1 The Conception of Migration Policy In 2006, a year before the implementation of the Conception of Migration Policy from 2007 to 2015, the data showed the composition of foreign migrants in the southern region: Uzbek (58%), Kyrgyz (9%) and Turkmen (6%) (“Nezakonnaya megratsiya,” 2006, p. 2). The amount of illegal migration from Central Asia is taken seriously as it is alleged to cause economic, demographic, and other criminal activities such as drug and human trafficking (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.; “Nezakonnaya megratsiya,” 2006, p. 1). In fact, the official statistics reported in 2004 rates of crime in these regions was actually quite low, with the minimum percentage of offenses per capita being committed in the south: 0.4% in Mangistau; 0.8% in Almaty; and 0.5% in Zhambyl (“Nezakonnaya megratsiya,” 2006, p. 6). Moreover, it was also assured by the Deputy Governor of Southern Region of Kazakhstan, Bakhytzhan Ashirbaev, that foreign migrants have a positive impact on economic security of the southern region. He claimed that the migrants create jobs and small enterprises, which contribute to the low cost of living in the region in turn (“Nezakonnaya megratsiya,” 2006, p. 7). In terms of short-, medium-, and long- term policy against illegal migration, the border closure is recognised as a negative action, which escalates many socio- economic problems such as labor shortage or imbalance and economic stagnation at the border areas (“Nezakonnaya megratsiya,” 2006, p. 2). Other methods are preferred and proposed in the current Conception of Migration Policy from 2007 to 2015 (See “Kontseptsii migratsyonnoi politiki,” 2007, n.p.). Firstly, the Conception aims to “minimise” the size of illegal migration, and at the same time increase the number of foreign professionals by means of stringent screen on migration process (“Kontseptsii migratsyonnoi politiki,” 2007, n.p.). Secondly, the Conception excludes unskilled foreign migrants by placing them on a lower priority to receive legal provisions (Estetova, 2008, p. 87-88). This implies the government’s intention at first provide legal, social and medical assistance to Kazakhstan citizens who are victims of trafficking abroad while foreign victims in the field inside Kazakhstan are ignored,
  • 41. Page | 40 punished, or deported as unwanted persons (Badikova, 2006, p. 110). In general, migration policies consist of “restrictive” measures, making “international mobility” harder (Pécoud and Guchteneire, 2006, p. 69). First of all, the policies grant privilege to emigrants to leave any country and return to their country, but at the same time the migration policies prohibit low-skilled workers from moving from one country to another freely (Pécoud and Guchteneire, 2006, p. 69). “Human mobility”, as identified in the Universal Declaration of Human Rights (UDHR, 1948), should be as free as the flow of capital and goods in the context of globalisation because human resources and potential are important dynamics in the development stage of a country (Pécoud and Guchteneire, 2006, p. 69). Secondly, stricter immigration policies contribute to a vulnerable status of prospective migrants having “no other option” and becoming more dependent on organised crime groups and/ or corrupt officials, which offer a service of making a high-quality fake documents (Liemt, 2004, p. 3; “Illegal migration,” 2006, p. 5). Claims about the cooperation between those able to provide illegal documents and smuggling services and trafficking organisations are increasing, though it is difficult to distinguish victims in trafficking from “voluntary irregular migrants” (“Illegal migration,” 2006, p. 5; Tailby, 2001, p. 1). It is likely that those who illegally cross the border can also be deceived, exploited, or transported after their arrival (Tan and Bertrand, n.d., p. 14-15). Both trafficking and illegal migration sometimes share the same methods before travelling, such as the use of travel or employment agencies (Bruggeman, 2002, p. 5). Despite a lack of details on criminal networks, it is assumed that those involved in trafficking and illegal migration have connections with both local criminals and “transnational” organised crime networks in the countries of origin and destination (Tailby, 2001, p. 1; Ekberg, 2004, p. 1200). As discussed in Chapter 2, the issue of human trafficking in the state policies is framed by the idea of “moral standards” (Wietzer, 2007, p. 448), only justifying assistance to “violated victims” of sexual exploitation but condemning voluntary migrants in prostituion (Chapkis, 2003, p. 924). Kazakhstani policy and laws provided assistance only to trafficked victims and economic migrants who are willing to assist investigative authorities in the prosecution of traffickers. The assistance and protection helps to assert the notion that the punitive measures against the “guilty” are justified (Chapkis, 2003, p. 924-925).
  • 42. Page | 41 Chapter 6 | Public Perceptions 6.1 Survey Questionnaires 6.1.1 General Knowledge Questionnaires were conducted with sixty-three Central Asian students; nineteen respondents were male and forty-four respondents were female. The percentages reported in this Chapter reflect valuations based on the number of respondents who actually answered individual questions, not always the whole sixty-three participants. A majority of the respondents, 72.6%, receive information about human trafficking from television and/or radio. 61.3% and 33.9% of all respondents use the Internet and newspaper/magazines as sources of information, respectively. In 2009, the United Nations on Drugs and Crime (UNODC) reported that the most common form of global human trafficking was sexual exploitation, accounting for 79% of all, and that the majority of victims in sexual exploitation are women and children (UNODC, 2009). In the Central Asian region, studies of human trafficking in 2000 likewise showed that the main form of trafficking in the region was for sexual exploitation (IOM Kyrgyzstan, 2000; IOM Tajikistan, 2001 cited in Kelly, 2005a, p. 39). For example, it accounted for 90% of human trafficking in Kyrgyzstan (IOM Kyrgyzstan, 2000 cited in Kelly, 2005a, p. 39). To the question, “Have you known of trafficking of women for sexual exploitation before?” 88.9% amongst 63 Central Asian students answered that they had previously received information about sexual trafficking while 11.1% did not know of this issue. Moreover, 87.9% agreed that a majority of trafficked victims are women and children, whereas 12.1% disagreed with this fact. The respondents were also asked about which major factors play a role in maintaining sex trafficking in women. Of those who answered, 39.2% selected social disorders with regard to an increase of organised crime groups as the most influential factor contributing to the persistence of sex trafficking in women. Another 35.9% believed that economic hardship is the greatest problem. Only 9.4% saw legislative problems, such as the ineffectiveness of law enforcement and bureaucratic corruption, as the
  • 43. Page | 42 greatest problem. Tellingly, none of the respondents thought the most important reason for the persistence of sex trafficking is a high demand of male clients for women and girls. The following questions asked general knowledge of young people about human trafficking. Table 1 shows that the respondents did not have a good understanding of the facts of human trafficking. One fallacy that showed in their response is illustrated by the fact that 38.2% thought trafficking victims might receive regular payment, despite the fact that some of respondents are necessarily (based on the percentages) also those who agree that coercion, deception and violence are elements of human trafficking. The lack of understanding illustrated by the results of the questionnaires harkens back to the suggestion by Day (2010) that the definition of trafficking versus the definition of illegal migration is too ambiguous to be understood by laymen. Moreover, It also shows that the government programmes from the Action Plan for human trafficking discussed in Chapter 5 fail to enhance public awareness and good understanding about the problem of trafficking. TABLE 1 GENERAL UNDERSTANDING ABOUT HUMAN TRAFFICKING Sample Yes (%) No (%) No Reply (%) 1. Trafficking is voluntary whereas smuggling is involuntary 2. Victims of trafficking are coerced through deceit, torture, threats of violence, etc. 3. The purpose of trafficking is only for sexual exploitation 4. Majority of trafficked victims are women and children 5. Human trafficking can be involved with organised crime groups 6. Trafficked victims may have an access to medical treatment in the country of destination as its citizens 7. Trafficked victims may receive regular payment and living conditions but work harder than ordinary workers 21.4 98.3 32.8 87.9 94.9 23.2 38.2 78.6 1.7 67.2 12.1 5.1 76.8 61.8 11.1 11.1 7.9 7.9 6.4 11.1 12.7
  • 44. Page | 43 6.1.2 Opinions on State’s Role in Combatting Sex Trafficking Whose responsibility? The question of who is likely to be the most important in tackling the problem of sex trafficking was asked. The results illustrate a strong belief in the necessity of collective action of all actors inside and outside of Kazakhstan. As Table 2 shows, 36.7% of respondents thought everybody should help combatting sex trafficking of women. State agencies, both central and local, and the police were rated second and the third most important, respectively. This shows that respondents still expect the problem to be solved by the government. 22.2% expressed higher belief in the UN than local NGOs and families of trafficked victims, despite the fact that the latter two groups are much closer to the victims in Kazakhstan. The judiciary was ranked even less important, only chosen by 12.7%. The lowest expectations were of the Kazakhstani President, named by 7.9%. The results suggest that the respondents would agree with Friesendorf (2007) and Clark (2003), such that a sustainable solution to the issue of human trafficking must come from cooperation of every societal sector in the country. Those who indicate that the UN has an important role may also share a similar idea in promoting transnational operation between states and organisations (Friesendoft, 2007, p. 384- 385). However, the lack of confidence in the President’s ability to affect a solution shows that the Kazakhstani public perceives the leadership as unimportant to solving this problem, or even that government involvement should be decreased to allow civil societies to solve the problems (Arguilla and Ronfeldt, 2001 cited in Friesendorf, 2007, p. 385).
  • 45. Page | 44 TABLE 2 WHO IS LIKELY TO BE THE MOST IMPORTANT IN TACKLING THE PROBLEM OF SEX TRAFFICKING IN WOMEN? % 1. The United Nations 2. The President 3. State agencies e.g. central and local authorities 4. Police 5. Judiciary 6. NGOs 7. Families of trafficked victims 8. Every one 22.2 7.9 28.6 27.0 12.7 17.5 17.5 36.7 What is to be done by the government? More than half of the respondents (52.6% of male respondents and 54.6% of female) strongly agreed with the statement “Policy makers should be more alert to facilitators and inhibitors of sex trafficking in women” Results of the questions “How should the Kazakhstani government treat the trafficked women who can return home or who are found?” were also collected. As seen in Table 3, 79% of men and 56.8% of women suggested that the government should protect trafficked victims from threats of traffickers. Moreover, most respondents believed psychological counseling and mental treatment should be provided. 63.2% of men and 54.6% of women considered it import to provide job opportunities and training to the victims. 57.9% and 43.2% suggested the repatriation of trafficked victims to their family or country. None of the respondents suggested that trafficking victims should be left to sort out their own live, but 7.9% actually suggested that they be punished. This seems to be an effect of vague definition of trafficking versus illegal migration. The Kazakhstani public fails to distinguish victims of trafficking from illegal migrants who are deceived after they arrive in Kazakhstan. The results of this question reveal that the public reaction to sex trafficking and illegal migration is similar to how it is treated in the law, which only offers assistance and protection only to forced prostitutes.
  • 46. Page | 45 TABLE 3 HOW SHOULD THE KAZAKHSTANI GOVERNMENT TREAT THE TRAFFICKED WOMEN WHO CAN RETURN HOME OR WHO ARE FOUND? Sample Total N = 63 (%) Male 19 (%) Female 44 (%) 1. Offer protection from a threat of traffickers 2. Provide shelter during the investigation 3. Send them back to their family or country 4. Punish them 5. Leave them sort out their own lives 6. Offer psychological counselling and mental treatment 7. Provide job opportunity and training No reply 63.5 49.2 47.6 7.9 0 73.0 57.1 0 79.0 52.6 57.9 5.3 0 68.4 63.2 0 56.8 47.7 43.2 9.1 0 75.0 54.6 0 What is the best solution? In an attempt to examine what methods the respondents viewed as the most effective solutions to counter sex trafficking of women, they were asked to rank their point of view on six solutions. The results show in Table 4. The solution chosen by the most respondents as the best, named by 31%, is to increase education levels of women. 21.4% suggested the provision of more employment opportunities to women while another 16.7% saw economic development as the best solution to combat sex trafficking of women. Stricter border controls were supported by 14.3%. Cooperation between states and organisations on the national and international levels received only 9.5%, even though the results on Table 2 show a significant consideration of all sectors, including the UN, in combatting sex trafficking of women. Only 7.1% thought the problem of sex
  • 47. Page | 46 trafficking can be best solved through new functions of mass media. The opinion of most of the respondents reflects the influence of state’s perception on general public perception of issues of gender violence. As discussed in Chapter 6, the government develops and implements many programmes and policies to promote women’s economic status through the growth of economic sectors. The public has the same idea. Nonetheless, some still confuse the difference between trafficking and illegal migration and promote the immigration policy that does not provide protection or assistance to foreign victims, who are viewed as criminals. There is a small group of people that recognises the importance of media in representing the needs of victims and forewarning the rest of the society about the danger of trafficking. TABLE 4 WHAT SHOULD BE THE BEST SOLUTION FOR WOMEN TRAFFICKING ON SEXUAL EXPLOITATION? % 1. More development of economy 2. New functions of media 3. More employment opportunities 4. Higher education for women 5. Harsher border controls 6. Better domestic and international cooperation between states and organisations 16.7 7.1 21.4 31.0 14.3 9.5 6.2 Interviews The interviews were intended to explore the opinions of interviewees on the Kazakhstani government’s perception of sex trafficking, specifically how it can contribute to an effective solution against human trafficking and sexual exploitation. The in-depth interviews are to some extent more representative of the real situation than the questionnaires, as the latter only provide quantitative data without great explanatory depth, whereas interviews permit elucidation of more complex
  • 48. Page | 47 arguments. By interacting directly with interviewees at length and in person, the subjects have the opportunity to justify their responses much more effectively than the questionnaire respondents. 6.2.1 Source of Information Interviews were conducted with four female representatives of local organisations and IOs. Due to ethical concerns and the nature of consent provided by interviewees, identifying information such as names, positions, and locations of the organisations cannot be provided. Nonetheless, an attempt will be made to describe the nature of the organisations as best as possible without compromising enough to detail to specifically identify the interviewees. The first interviewee works for an IO in Kazakhstan, whose main responsibility is to provide financial and operational supports such as education training and medical assistance to victims in Kazakhstan. Moreover, this agency subsidises local organisations related to the combatting of human trafficking for the purpose of enhancing their potential to assist victims (Interview 1, March, 2012). The second and third interviewees are from a non-profit organisation in Kazakhstan, responsible for prevention of trafficking of women at risk and assisting victims of labour exploitation. It is also works to raise public awareness and disseminate information with regard to human trafficking by operating hotline and arranging seminars, training and lectures (Interview 2 and 3, February, 2012). The fourth interviewee is also from a non-profit organisation. It helps victims to prepare immigration documents such as visa and passport, offers health checks for venereal disease and injury from physical violence provides, and provides legal assistance. Moreover, it provides psychological therapy and vocational training (Interview 4, April, 2012). Overall, it is asserted by the interviewees from these three organisations that their activities interconnect with each other, meaning that the local organisations report the number of victims assisted by each organisation to the IO, who then provides them with a framework and funds to combat trafficking. In practice, the two local organisations work closely with local police and trafficked victims. The organisations in Kazakhstan share the same idea with certain authors in Chapter 2 (Clark, 2003; Friesendorf, 2007; Panic, 2009) that interaction between all levels of civil societies is