1. Trafficking in Persons as a Problem for the International Community:
A Closer Look at the Demand Side*
August, 2005
Carolyn Housman
London School of Economics
Department of International Relations
Houghton Street
London, WC2A 2AE
Email: carolyn.housman@gmail.com
* copyright pending

2. TABLE OF CONTENTS
1. INTRODUCTION...................................................................................................................2
2. TRAFFICKING IN PERSONS (TIP): A PROBLEM FOR THE INTERNATIONAL COMMUNITY3
2.1 Literature and Theory Review ...................................................................................3
2.2 Methodology and Problems Encountered..................................................................6
2.3 The International Response: The Palermo Protocol ..................................................8
3. THE PROBLEM: A CLOSER LOOK....................................................................................10
3.1 Should Britons be Concerned?.................................................................................10
3.2 Components of End-User Demand..........................................................................12
3.2.1 Price .....................................................................................................................13
3.2.2 Discriminatory Norms .........................................................................................14
3.2.3 Special Commodities ...........................................................................................15
3.2.4 Conflict Mentality................................................................................................17
4. THE RESPONSE: DEMAND-SIDE INADEQUACIES .............................................................19
4.1 U.K.: Anti-Trafficking Legal Regime .....................................................................19
4.1.1 Trafficking ...........................................................................................................19
4.1.2 Sex Trafficking ....................................................................................................20
4.1.3 Labour Trafficking...............................................................................................21
4.1.4 Relevant International Conventions.....................................................................21
4.2 U.K.: Anti-Trafficking Programmes........................................................................23
5. DESTINATION COUNTRY POLICY RECOMMENDATIONS .................................................26
5.1 U.K. Recommendations...........................................................................................26
5.1.1 General Recommendations..................................................................................26
5.1.2 Sex Trafficking ....................................................................................................28
5.1.3 Labour Trafficking...............................................................................................29
6. CONCLUSION ....................................................................................................................32
ANNEX I – ALBANIA CASE STUDY...........................................................................................33
ANNEX II – SURVEY QUESTIONS.............................................................................................35
ANNEX III – SURVEY RESULTS ...............................................................................................36
ANNEX IV – RELEVANT INTERNATIONAL INSTRUMENTS ......................................................41
Council of Europe ................................................................................................................41
European Union....................................................................................................................44
Organization for Security and Cooperation in Europe.........................................................45
Stability Pact ........................................................................................................................46
United Nations......................................................................................................................47
7. BIBLIOGRAPHY.................................................................................................................48
8. SUPPLY SIDE BIBLIOGRAPHY...........................................................................................57
1

3. 1. INTRODUCTION
With several major international organisations estimating that upwards of 4 million
persons are trafficked per year globally - the strongest flows now taking place within Europe
- trafficking in persons (TIP) is a significant problem for the international community [IOM,
2001; UNODC, 2000; Shelly, 2002, 207-222]. According to Europol, UNODC and the US
Department of State, the TIP industry is worth several billion dollars a year, thus rivalling
the global trade in narcotics [UNODC, 2005; ICMPD, 2005, 18]. The question must be
asked: Who is fuelling the demand for trafficked services?
This paper analyses the motivating factors behind the international demand for
trafficked services and offers policy recommendations to suppress such demand in
destination countries. It poses the questions: Who is buying the services? Why are they
buying them? It also places the TIP within the larger context of gender theory and the
feminisation of migration. In order to develop a deeper analysis of the situation, the paper
focuses only on the situation in the U.K. – although much of the analysis applies to
destination countries in general.
Trafficking in persons is not a new international problem. Yet, TIP research has largely
focused only on problems within origin, or sending, countries. This paper joins new research
projects which focus on the contributing factors in destination countries. After all, to deal
appropriately with the problem of the trafficking market, one must consider both supply and
demand. The focus is on sexual exploitation and forced labour, two of the larger areas of TIP
[Anderson et al., 2005, 5; Huda, 2004, 5; Bertone, 2004, 17]. Due to the unique nature of
child trafficking, and the specialised analysis it deserves, the exploitation of under-eighteens
will not be specifically dealt with in this paper.
Unlike any past research, this paper digs deeper into the economic, social and
psychological motivations behind the all-purpose “demand” label. The few demand-side
research projects that exist tend to focus on the intermediaries (traffickers); this paper instead
analyses the end-user, someone who consumes trafficked services (pays for sexual services
from trafficked prostitutes, buys pornographic material of trafficked women or children, or
uses forced labour in their home or business, etc.). To evidence the lacuna of demand-side
research and the important contributions this paper can make to the TIP field, the paper now
offers a literature and theory review.
2

4. 2. TRAFFICKING IN PERSONS (TIP): A PROBLEM FOR THE INTERNATIONAL
COMMUNITY
2.1 Literature and Theory Review
Dan Everts [2003] rightly argues that TIP is a complex international phenomenon
requiring a comprehensive, multi-disciplinary approach. Most research either focuses on
source countries and “push” factors or destination countries and “pull” factors. However,
although this paper looks at destination countries, the pull factors (or reasons why trafficked
persons want to reach a particular country) are not dealt with. Instead, the reasons why
destination countries’ inhabitants want trafficked persons to come is analysed.
Different authors have picked up on various aspects of trafficking, including human
rights, sexism and market forces. Often, literature falls into two camps: (1) those
emphasizing the criminality element and advocating a legal response and (2) those
recognising the business element of TIP and endorsing an economic response á la Salt/Stein
[1997]. The former focuses on transnational criminal organisations and their illegal
facilitation of trafficked persons across borders. The latter, employed by this paper, views
TIP as an economic problem of supply and demand. Kyle/Liang [1998] further clarify that
TIP is a consequence of the commoditisation of migration – there exists a market for buying
and selling people.
Salt [2000] observes that the majority of research focuses on the supply-side. Juhász
[1999] importantly points out that migrants leave for more than just economic factors.
Political and social pressures can also be major influences.1
However, demand-side research
is important as well - although difficult because many (Western) destination countries do not
want to admit their contribution to the problem. Demand for cheap labour is particularly
difficult to address because it is tangled with notions of globalisation and capitalism [Bertone,
2004, 9-21]. Moreover, little information is known about how irregular migrants earn a
livelihood once they reach their destination, which perpetuates the present dearth of analysis
regarding demand for trafficked services. Shelly [2002, 207-222] contributes to demand-side
research by taking a political-economic viewpoint, although focusing on the demand of
intermediaries (criminal networks and traffickers). Later, Shelly [2003] assumes a more
1
For more analysis, see Section 8: Supply-Side Bibliography and Annex I.
3

5. business approach, although again focusing on intermediaries in 5 of her 6 models. Anderson
and O’Connell Davidson's [2003] work focuses on end-user demand (although only for
prostitution and domestic service) and is based on interviews conducted across several
countries. More demand-side research is needed. The importance of understanding demand,
as Everts [2003] observes, is that it helps to better inform domestic and international policies.
Understanding demand is one of the goals of this paper. It aims to identify end-user demand
components in an effort to regulate them.
An analysis of the cross-border phenomenon of trafficking inherently picks up on
certain International Relation (IR) themes. At the political-theory core of the TIP debate lies
the sustainability of the Westphalian system, a founding pillar of many IR theories. The
threat to state sovereignty is partially based on the idea that trafficking is a function of
globalisation. According to Berman [2003, 39], ‘trafficking is inextricably linked to the
changing social, political and economic conditions associated with . . . globalisation’.
Globalization, notes Gill [1997, 19-20, quoted in Berman, 2003, 55], consequently redefines
our notion of sovereignty by promoting cross-border movement. Soguk and Whitehall [1999,
679] believe this “redefinition” is actually “subversion”; they explain that immigrants
‘destabilise and undermine the security and coherence of the sovereign project’. Thus
trafficked persons – resulting from the globalised market – constitute a threat to the state
sovereignty and territorial integrity. Both Doty [1999, 586] and O’Brien [1992, 375] concur
that a state that cannot effectively regulate the entrance and exodus of persons at its borders
faces a serious threat to its sovereignty and security. Ironically, TIP also offers governments
the option of practicing “statecraft” in order to reassert themselves as the dominant unit in the
international community – an issue further addressed in Section 5.1: U.K. Recommendations.
Another IR theme, gender theory, can be credited with revitalising international
attention to TIP, after a diminished interest during the 1960s – 1980s. Gender theory is
important as trafficked victims are overwhelmingly female [ICMPD, 2005, 38; Kelly, 2005,
244; Huda, 2004, 1]. Female figures have traditionally been central to the civil society
foundations of Western national identity, although many gender theorists have sought to
deconstruct this ‘beautiful soul’ imagery [e.g. Elshtain, 1987; Goldstein, 2001]. Berman’s
examination of trafficking discourses reveals a gendered and racist structure still persists.
Most survivors are portrayed as victims - ‘young, innocent, ‘white’, east European girls,
4

6. tricked, kidnapped and forced into prostitution . . .’[Butler, 1997, in Berman 2003, 40].2
Women are still viewed as helpless victims, without agency, who must be protected by the
male, ‘just warriors’.
Following the female stereotype, the solution is often deportation which returns women
‘home’, where, it is assumed, they properly belong [Berman, 2003, 43]. Sexism found in TIP
is compounded by the fact that any legal channels of migration are usually only open for
males (in construction or agriculture) and many countries operate gender-selective migration
policies [ILO, 2003, 4]. Thus, women who want/need to migrate must often choose illegal
routes.
In addition to above questions of sex work, feminist writers have also considered
gender issues surrounding forced labour. Ehrenreich and Hochschild [2003] have considered
the feminisation of migration and questioned whether the relative freedom of women in the
West is at the cost of exploitation of those from the South. In many cases, it is Western
working women, without time for domestic chores, who are exploiting immigrant labour at
home. One easily slides from victim to perpetrator [Moser et al., 2001]. While women are
often seen as the victims of trafficking, they can also be the perpetrators. Kelly [2005]
importantly points out that men are consequently overlooked as victims. The general
perception in most destination countries is still that women are trafficked for sexual
exploitation while men are smuggled for labour exploitation. Further, research has shown a
significant gender division of labour, with construction being almost exclusively male and
cleaning predominantly female [Anderson et al., 2005, 26]. Yet forced labour discourses
tend to focus on domestic labour instead of construction – perhaps another result of the
gendered lens with which TIP is often viewed. Anderson and O’Connell Davidson [2003,
41-42] aptly conclude that the gender segregated demand for trafficked services is socially
conditioned. Consequently, a successful solution comes only when a gendered analysis is
applied to deconstruct such sexist social norms.
2
Based upon over 120 newspaper articles collected from at least 18 different news sources from 1997 to 2002.
Co-incidentally, the Polish branch of La Strada Foundation Against Trafficking in Women has also collected
hundreds of news stories equally replete with sensationalist language, including the racialised and gendered
innocence and criminalisation.
5

7. 2.2 Methodology and Problems Encountered
The previous section demonstrated the importance of using gender theory when
analysing the TIP problem. The methodology in this paper is largely based on gender theory
and loosely associated with constructivism, due to the acceptance of normative and material
structures and the importance of identity in shaping action. However, no one constructivist
author was used in order to avoid a debate on whether the agent or structure takes a primary
role in analysis.3
Beyond its feminist empiricism, this paper understands that the study of
trafficking combines anthropological and historical perspectives, as well as political and
economic theory and psychology. Both qualitative and quantitative methods were used,
recognising that many aspects of the social world cannot be quantified and yet certain “hard
facts” exist as well. Like many TIP research projects, this paper found the business approach
the best model of analysis. Consequently, TIP is divided into supply and demand and only
the latter is focused on.4
To better study the demand-side of TIP, primary and secondary research was conducted.
The Internet proved the most useful as much of the TIP literature has been generated in the
last 5-10 years and is available online. LexisNexis was used to search newspaper articles on
U.K. soldiers and officials associated with TIP (when stationed abroad). Case studies were
sent from various international organisations (IOs). 495 MPs were contacted electronically to
solicit their views on TIP. Further, unstructured interviews were conducted with various non-
governmental organisations (NGOs) and IOs to discuss the benefits and drawbacks of a
demand-side approach to TIP. Beyond TIP specific information, this dissertation draws on
psychology, history, economics and gender studies literature obtained through social science
libraries. Statistics and ‘hard data’ are used to help illustrate the larger social problem of TIP.
Data was derived from reports of the UN, IOM, U.S. State Department, and various NGOs.
As noted by Laczko and Gramegna [2003], the lack of statistical data is still a problem
in the TIP field, as it is in most studies of covert phenomena. This difficulty is compounded
by definitional disagreements and differing methodologies of data collection.5
Governments,
the media, and even researchers continue to conflate migration, trafficking, and smuggling,
partially because a person may begin their journey as a smuggled migrant but later become a
3
The paper avoids this debate altogether.
4
Although en route conditions are sometimes segmented as well. See Salt et al., 1997, 467-494.
5
Although the Trafficking Protocol has helped correct some definitional problems, not all countries adhere to it
– even if they are signatories.
6

8. trafficked victim. Official statistics on TIP and migration may also serve more than one
purpose. In addition to contributing to research, they may be used to justify an increase or
decrease in resource allocation [Salt, 2000, 41]. Research on the end-users of trafficked
services remains scarce. This is partially because the “supply-side” is a more immediate
concern and because first-world countries are hesitant to point blame to their own citizens.
However, in order for the international problem of TIP to be wholly eradicated, demand-side
countries must join their supply-side counterparts in addressing problems at home. Hence,
the paper proceeds to consider the international response to TIP.
7

9. 2.3 The International Response: The Palermo Protocol
Trafficking, often termed a modern form of slavery, has existed for hundreds of years
[UN, 2001]. However, the problem was only adequately addressed on the international level
in 2003, when the Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children, supplementing the UN-TOCC, entered into force.6
According to the Protocol and Council Framework Decision [2002/629/JHA], European
Union members should have criminalised trafficking in accordance with the Protocol’s
definition (although specific demand-side measures are still not addressed). The U.K.
criminalised trafficking through the 2004 Asylum and Immigration Bill. The Protocol’s
definition sets out that trafficking involves recruitment, movement/receipt and the intention to
exploit.7
Significantly, Article 3(a) and (b) noted that the consent of a victim is irrelevant
when certain ill means have been used or if the victim is under eighteen years of age. The
definition is comprehensive as it covers forms of forced labour, thus linking it to several other
international legal instruments.
However, there are many shortcomings of the Protocol – many of which reflect
current debates in the TIP field. First, the Protocol does not address questions on the status of
prostitution or the agency of the victims. Doezema [2002] criticizes the United Nations (UN)
protocol on the grounds that it precludes the choice to migrate for sex work, while Agustin
[2003] appears to want to abandon the concept of victimisation altogether. This paper does
not attempt to address the moral or legal issue of the legality of sex work; the terms
“prostitution” and “sex work” will be used interchangeably. Similarly, the terminology of
“victim” v “survivor” (the former denying agency to the trafficked person) is not the focus of
the paper. Both terms will be used interchangeably here. Second, the Protocol fails to clarify
certain key terms in the definition, such as “sexual exploitation”, “coercion”, or
“vulnerability” – an unfortunate omission given differing legal and social approaches to
employment practices or sexuality in various countries. Third, the Protocol relates to cross-
border TIP and assumes the involvement of organised crime, although in practice the
definition is used more broadly [ILO, 2003, 1]. Fourth, the Protocol has been criticised for its
focus on crime control rather than human rights [Coomaraswamy, 2000, 1-15]. Fifth and
related to the previous point, Bertone [2003] rightly points out that Protocol provisions for
protecting victims are non-binding and therefore often go unimplemented.
6
The Protocol the on the Smuggling of Migrants by Land, Sea and Air, clarifies the distinction between
trafficking and smuggling. For more analysis, see Graycar, [1999]; Aronowitz, [2001:165].
7
For the complete definition: http://www.unodc.org/unodc/en/trafficking_protocol.html
8

10. The Protocol furthermore does not to address one part of the problem – those who require
trafficked services. It is assumed this responsibility lies with individual states. State liability
must begin where international, collective accountability ends. But does it? This paper
investigates if the U.K. has responded to its’ citizens’ demand for TIP.
9

11. 3. THE PROBLEM: A CLOSER LOOK
3.1 Should Britons be Concerned?
100 women were trafficked for prostitution from remote villages in Brazil to
London over a 5-year period. The women were held under debt bondage. The
trafficker made £5 million profit [Hoskins, 1996].
An investigation by a BBC journalist in 2001 looked into . . . the Victoria
Climbie case. Victoria was taken by her aunt, from Cote d’Ivoire to . . . the
UK, on the pretext of giving Victoria a good education. Instead Victoria, aged
8, was tortured over a period of seven months and finally died. . . The report
estimated that 10,000 West African children are living with strangers in the
UK [Sommerset, 2001, 13].
South African workers were found working in one of the UK’s largest fruit
packing companies, Staffmasters. Although they held legitimate work
permits . . . [they] were subject to abuses and breaches of employment
legislation. . . One worker was left with 78 pence for a week’s work. . .
Ironically, Staffmasters is one of a group of 15 employment agencies that have
set themselves up to ‘help raise standards’ and improve the image of
gangmasters [Lawrence, 2004].
TIP has gained international attention and, as these startling media reports show, TIP is
a reality in the U.K. Yet of the 495 MPs surveyed about trafficking as part of my research,
only 15 responded.8
Apathetic official response to TIP has been evidenced in other studies
as well [Kelly et al., 2000, (v)].
However, Britons should be concerned. Several reports estimate between 100,000 and
500,000 persons are trafficked into Western Europe every year and between 5,000 and 10,000
unaccompanied children are in the U.K., many of whom may be sexually exploited [Murray,
2002, 500; Rathgeber, 2002, 152]. The accompanying criminality of trafficking lends a
potential for ‘turf’ wars between rival gangs. There is also the danger of British children
8
All of the respondents felt TIP was a problem in the UK. 93% felt demand-side programmes should be in
place. For more survey results, see Annex II and Annex III.
10

12. being trafficked out of the UK for sexual purposes elsewhere [Sommerset, 2001, 43-44]. But
a 1998 Home Office noted:
the majority of police forces have limited knowledge of, and thus give limited
attention to, trafficking . . . there is a danger that this unintentionally creates a
climate of toleration for trafficking of women into and within the U.K. [Kelly
et al., 2000, (v)].
A recent example illustrates this point. In December, 2004, Chief Superintendent David
Bruce was found guilty of making or possessing indecent images of children. Of the 657
images on his computer, nearly 50 were at in the most serious categories [Marsh, 2004: 34].
TIP is a world-wide problem, but its international nature should not exempt individual
nation-states from attempting to eradicate it. Many reports dealing with “reasons for
trafficking” regrettably only deal with the supply side, listing poverty, lack of employment,
local discriminatory practices, or instability within sending countries among the root causes.
Although origin country problems may need more immediate attention, destination country
demand must not be eclipsed from the larger solution. In an attempt to reveal what types of
policies should be implemented in destination countries, motivations from the U.K. demand
side will be explored.
11

13. 3.2 Components of End-User Demand
This section deals with the demand-side of trafficked services, an area lamentably
under-researched. Hughes [2004, 2-5] notes that there are 4 components that make up
demand: men who buy commercial sex acts (i.e. end-users), exploiters (i.e. intermediaries),
destination countries, and the culture that tolerates sexual exploitation. Here Hugh’s first and
last components are analysed, as they deal directly with the end-user. Demand is highly
dependent on the type of service being provided, as well as the social norms surrounding the
service and the migrant worker. Consequently, as noted above, only sex work and forced
labour will be considered in order to offer a deeper analysis rather than a superficial survey
across many types of exploitation. The paper proposes four analytic categories to explain
demand: price, discriminatory norms, special commodities, and conflict mentality. In
analysing these drivers, the general characteristics of the individual end-users will also be
revealed.
Before initiating the analysis, it must be observed that the categories presented exist
precisely because there is an absence of effective market regulation in the areas where
trafficked services are offered. Research shows that in both sex and domestic work poor
market regulation is one of the factors that makes it possible to use unfree labour [Anderson
et al., 2003, 5]. Kelly [2005, 242] reports as Western sex industries expand, and are less able
to recruit national workers, a market for migrants and trafficked women is created. Anderson
and Davidson [2003, 11] report that there is a growing demand for labour in the unregulated
sectors which rely predominantly on female workforces; there are good reasons to suspect
that some of this demand will be met by unfree workers.
12

14. 3.2.1 Price
Unregulated industries utilise forced labour partially due to the resultant decreased cost
and thus decreased price for the consumer. One study conducted in Denmark, Italy, Thailand,
and India showed that clients interviewed in all countries saw migrant sex workers as
constituting the cheap end of the prostitution market [Anderson et al., 2003, 22]. Traffickers
in the sex industry can make phenomenal profits by using ‘free’ girls and charging, even at
low rates, for pornography or sexual relations. Premium prices can be charged for minors.
But who are the consumers of such sex work? A comprehensive study (over 600
respondents), conducted in the U.S., revealed that most prostitute customers are white, have
at least some college education (42% with bachelor’s or graduate degree), and work full time
(81%) [Monto, 2000, 67-85]. A study by Faugier, in 1996, found similar results in the U.K.
(British, white, married, employed) [Scambler et al., 1997, 130].
Although a study on prostitutes cannot necessarily be transposed to sex-trafficking, it
would not be implausible to assume persons soliciting legal sex work might also come across
trafficked services (although possibly without realising it or acknowledging it). These
persons are more educated, rational and “socialised” than many past studies have led us to
believe [see Kinsey et al., 1998]. The idea that users of trafficked services are “criminals”
feeding perverse desires may be incorrect for the majority in the U.K. This discovery is
essential in the appropriate targeting of demand-oriented policies, as addressed below.
The link between price and forced labour is more apparent. The government’s 2002
White Paper recognised that the U.K. needs migrant workers so as to compete effectively in
the world economy [Home Office, 2002, 11]. An ILO/TUC meeting [December 2003]
recognised that the care, construction, agriculture and contract cleaning sectors of the U.K.
economy are particularly vulnerable to exploitative practices [confirmed in TUC, 2005]. It is
precisely in these industries where labour represents a significant proportion of the total
operating costs. As a consequence of the pressure to reduce prices, it is usually smaller
companies that employ unfree labour in order to compete with larger companies’ economies
of scale [Anderson et al., 2005, 25]. However, gangmasters are also a problem. As one
insider put it, ‘a lot of disreputable gangmasters employ [irregular] labour for a good reason,
that it is cheaper than [regular] labour……at least they can make more profit out of it’
[Anderson et al., 2005, 31-32]. The ILO [2003, 25] found some gangmasters have close links
with Eastern European mafia and one-half of workers are migrants (although not all are
13

15. illegal). Price seems to be a main motivating factor in using migrant labour. One
Birmingham gangmaster reported he received less than $12.50/hour for his workers but
needed $14/hour to cover costs and make a small return. Yet other gangmasters offer
workers for as little as $10/hour, indicating the use of cheap, undocumented workers [ILO,
2003, 22]. Gangmasters may increasingly turn to undocumented workers in order to stay
competitive.
3.2.2 Discriminatory Norms
Racism, sexism and xenophobia all play a constitutive role in who is targeted for TIP
and where he/she may get trafficked to. The 2001 UN World Conference against Racism
noted, ‘racist ideology and racial, ethnic and gender discrimination may create a demand in
the region or country of destination [for trafficked women] . . .’ [UN, 2001; ILO, 2003, 7].
Many countries evidence distinct discriminatory social norms that influence the TIP market.
For instance, why is it that Britons demand “white” sex workers while other countries, such
as Italy, desire darker, “more exotic” sex workers? Discrimination is a social reality that all
countries must identify and correct if the norms which permit, and perhaps even sanction, TIP
are to be eliminated.
For the U.K., end-user demand is historically, socially, culturally, politically and
economically determined. Prevailing social norms are important; end-users must feel they
want or need a particular service from a particular type of person. It is interesting to note that
while trafficked females into the U.K. are predominantly from Eastern Europe, West Africa
(mainly Nigeria) and Asia, 50 – 80% of prostitutes in London are from Eastern Europe and
the Balkans [Luckoo et al., 2002, 204]. The West African women trafficked into the U.K.
only stay temporarily and then are moved to Italy, where there exists a demand for “exotic”
women [Sommerset, 2001, 36]. While Berman claims that media discourses embellish the
plight of the “white” trafficked victim, it may not be far from the truth when it comes to
forced prostitution in the U.K. It is plausible that clients demand a “white” figure to play out
their desires.
In the labour market, however, the opposite is true; ethnic minorities are in greater
demand. Trafficked persons are segmented according to gender, race, age, and other local
factors, particularly in domestic labour. Many surveyed respondents preferred migrants in
their house. As one Italian put it, ‘foreign workers don’t make complaints . . . That doesn’t
mean you can enslave her. That depends on the person . . .’ [Anderson et al., 2003, 40]. It
14

16. may be easier for clients to exploit their workers (trafficked or not) if they are of a different
ethnicity/race. One British employer in Hong Kong explained:
It’s difficult having someone working for you from the same race because we
have this idea of social class in our minds, don’t we? And that would be
uncomfortable in your house. Whereas when it’s somebody from a different
country, you don’t have all that baggage . . . [Anderson et al., 2003, 31].
Although colonialism has ended, globalisation continues to provide the cheap (or free),
foreign workers that the colonies once did. The racially/ethnically minority worker is not
perceived as an equal human being; thus they are abused in ways that would not be possible
with workers of the same race/ethnicity. As the UN High Commissioner for Human Rights
Mary Robinson put it, ‘[t]rafficking is … inherently discriminatory . . . This is more than a
labour rights issue or an issue of unequal development. It is a basic human rights issue
because it involves such a massive and harmful form of discrimination’ [UN, 2001].
3.2.3 Special Commodities
The paper also explores the idea that some end-user demand may coalesce around
specialised commodities – such as child pornography, unsafe sex practices, violence, or
dangerous/illegal working conditions – not available in a legal market. The paper recognises
that trafficked persons should not be thought of as “commodities” that can be bought and sold.
But as this is precisely what trafficked persons are treated as, the term “special commodities”
is an appropriate heading for this section.
Research showed certain men who purchase trafficked sexual services are seeking to
meet emotional – not physical – needs. They often desire to humiliate and hurt the female
form [Hughes, 2004, 2]. This should demonstrate to academics and politicians alike there is a
need for a gendered analysis of this international phenomenon. Certain strands of feminist
theory view the patriarchal ideology as endorsing the male control over female sexuality. In
defining women as sexual objects, their violation by men becomes acceptable [Scambler et
al., 1997, xii]. Women brought into a country illegally and against their will are a prime
target for malevolent behaviour. An excerpt from Anderson and Davidson’s pilot study
illustrates this point:
Two Indian clients who particularly valued . . . intimacy in their encounters
with prostitutes, also saw unfree and/or trafficked workers as offering certain
advantages over formally free and/or local prostitutes. This, they explained,
was because such workers were so isolated and unhappy that they sometimes
15

17. looked to clients for support and care. As one interviewee put it, “[a]ctually,
they have no one to turn to except their clients. So, many women who come
from other countries get their human warmth from clients”. . . Such clients
were not only more likely to tolerate or justify violence against prostitutes, but
also more likely to express a preference for younger and/or more vulnerable
prostitutes [Anderson et al., 2003, 25].
Clients in the U.K. similarly reported enjoying the control they had over the women
[McKeganey et al., 1996, 53]. McKeganey and Barnard [1996, 51] report that some men
sought ‘specialist sexual services’, which included whipping, bondage and various forms of
physical degradation. These demands certainly can be considered “special” services not
easily available in the legal market. Trafficked prostitutes may readily meet these demands.
In terms of trafficked labour in general, significant sectors of the Western European
industry are dependent on migrant labour, both legal and illegal, especially in U.K.
agriculture [Kelly, 2005, 245]. In an ILO case study on agricultural work in the Midlands,
many of the undocumented workers were trafficked, and all were subjected to labour
exploitation and trapped in a form of bonded labour [ILO, 2003, 25].
Forced domestic labour can be viewed as a “special commodity” because end-users
value the fact that workers have no where else to go and are easier to control [Anderson et al.,
2005, 31]. One female employer in London commented that the vulnerability of an illegal
foreigner makes them scared and timid – and thus easier to live with [Anderson et al., 2003,
32]. Although most current research is on illegal labour – and not necessarily forced illegal
labour – the two may quite frequently overlap. Sociologist Patterson points out that, ‘[m]ost
[people] . . .popularize a set of ideas which make coercive power immediately palatable to
those who exercise it’ [Patterson, 1982, 18, in Anderson et al., 2005, 37]. This was
confirmed by Anderson and O’Connell Davidson’s [2005, 37] interviews; the small number
of employers who reported employing persons forced into domestic work felt the situation
was not their responsibility. Thus, it is likely that some respondents claiming to employ
illegal migrants were actually overseeing trafficked workers.
Domestic labour raises a few interesting points about socialisation and feminist theory.
The feminisation of the labour force and the lack of public provision of care create
circumstances that generate a demand for private, domestic labour. Data from one survey
showed that 45% of respondents stated domestic workers enabled them to go to work, while
43% used domestic workers to keep the house clean [Anderson et al., 2003, 28]. As an
unregulated market, there is a higher chance that the labour may be trafficked. Anderson and
16

18. O’Connell Davidson [2003, 28] question the ‘idea of a need to keep a house looking nice, and
how this relates to the reproduction of the employer’s social status’. It also highlights another
way in which demand for these services is socially constructed and must be consequently
socially deconstructed.
3.2.4 Conflict Mentality
This paper lastly identifies war and conflict as inflating the demand for trafficked
services. In 2005, the UN acknowledged the involvement of peacekeepers (both military and
civilian employees) as customers, and in a few documented cases, as traffickers [Kelly, 2005,
253]. The association of sex and war is demonstrated in Kosovo, where since the arrival of
‘peacekeepers’ in the early 1990s, the sex industry has not only grown ten times but a
majority of women within it are trafficked [Kelly, 2005, 242]. The problem is compounded
by an increased supply, owing to the increased vulnerability and decreased protection of the
civilian population during the crisis period. Reports on UN or other IOs’ presence having
fuelled the child and adult sex trade, particularly in the Balkans, are voluminous. They are
difficult to analyse because the nationality of soldiers are often replaced with the term “blue
helmet” or their unit name. However, accounts where U.K. citizens have been specifically
identified do exist. For example, Colum Lynch reported in The Washington Post that British
International Police Task Force (IPTF) officers, stationed in Bosnia, admitted to having sex
with women imprisoned in brothels [Lynch, 2001, A1]. Save the Children U.K. found that
relief workers, including peacekeepers, in refugee camps in Guinea, Liberia, and Sierra
Leone demanded sex from children in exchange for food and medicine [Crossette, 2002, A4].
Part of the problem is that often in crisis situations moral and social standards break
down. Although international military contingents exist to protect internationally recognised
human rights, such goals are often lost in the “fog of war” – even when war has ceased.
Rape has long been associated with conflict situations. The collective mentality of belonging
to a “troop” decreases personal responsibility of not only collectively killing the enemy but
also sexually abusing him/her (e.g. gang rape; castration). Such “feminisation of war”, as
described by Joshua Goldstein [2001, 363], was most common in warfare in the ancient
Middle East and Greece (the feminisation of the enemy by rape or castration), although it has
also been massively witnessed in the Balkan War, the Pakistani war against Bangladesh, the
Japanese rape of Nanking, the Rwandan genocide, etc. Once the pattern has begun, it is not
atypical that such behaviours are carried back to the home country. When a soldier has
frequented a trafficked prostitute abroad, what is to stop him from doing the same in his own
17

19. country? Moreover, traffickers in origin countries recognise the money that can be made
with overseas troops, and they may want to ensure that similar services can be made available
(at a price) in the soldiers’ home country as well.
Consequently, in 2001 the UN changed its code of conduct to include trafficking. In an
effort to stifle demand, it has incorporated a “gender perspective” into peace operations with
SC Resolution 1325, which protects the rights of women and girls during and after conflicts.
Although the resolution addresses women’s needs, Charlesworth and Wood [2001, 313, 316]
rightly point out that it fails to ‘analyze or influence male gender identities and patterns of
behaviour’ – an important part of correcting the problem. The male perspective must not be
left out of gender analysis. Walsh contributes that ‘the way in which men and women
experience and deal with the consequences of conflict depend on gender roles and relations
prior to the conflict and how they were renegotiated during war-time’ [Walsh, 2000, 2, in
Murray, 2002, 159]. Thus, domestic social norms regarding gender relations help construct
how soldiers may behave toward an encountered trafficked woman abroad – an area which
will be further explored in Section 5.1: U.K. Recommendations.
18

20. 4. THE RESPONSE: DEMAND-SIDE INADEQUACIES
4.1 U.K.: Anti-Trafficking Legal Regime
Thus far, it has been evidenced that there are demand-side variables that can be
identified and, eventually, diminished. The question remains: what is being done presently to
address such variables? As a review of all destination country laws and programmes is far
too voluminous, the next two sections will focus on the U.K. Currently, there are no anti-
trafficking laws as such that deal directly with the end-user. Consequently, this section will
first briefly address general TIP laws (although more relevant to victims and
intermediaries/traffickers). Second, legal regimes governing sex work and labour will be
discussed as they are more often applicable to the demand-side. Finally, the relevant
international instruments in effect in the U.K. are summised.
4.1.1 Trafficking
Anti-trafficking laws in the U.K. either address the trafficker or the trafficked victim;
demand-side orientation is lacking. When dealing with the victim, there is an emphasis on
punishing criminality rather than redressing human rights violations. Traffickers are more
appropriately dealt with, although mishandled cases are not uncommon. End-users are
usually left out of the equation altogether.
Laws regarding the status of trafficked victims, once identified, are still deficient.
NGOs report the government's inability to provide long-term residency status for victims
hampers victim protection efforts [US DOS, 2005, 222]. Trafficked victims may receive a
postponement of deportation whilst considering whether to testify against perpetrators –
however this is left to the discretion of the police Assistant Chief Constable and the Assistant
Director of the Immigration Service (Enforcement) [femmigration.net, 2005]. In 2004, the
government launched a trafficking prosecution toolkit, which now serves as a compilation of
U.K. laws that can be used to prosecute traffickers and seize their assets. This can be
important for providing TIP survivors with some form of compensation and recognises that a
wrong has been committed against the trafficked person for which some form of
compensation is deserved.
19

21. With regard to traffickers, the Immigration and Asylum Act 2002 prohibits trafficking
for the purposes of prostitution, with a maximum penalty of 15 years’ imprisonment. Under
the Immigration Act 1971 and the 2004 Immigration and Asylum Act (Treatment of
Claimants, etc.) charges can be made for facilitating the entry into the U.K. of a person
thought to be an illegal entrant. The act defines who is to be considered a “trafficker” and
what conditions must be met to have been “exploited”. However, TIP cases continue to be
confused with smuggling cases. Even when police are able to identify TIP situations,
prosecution is difficult owing to inadequate legal regimes and lack of appropriate care for
victims should they chose to testify. Traffickers that are identified still receive absurdly light
sentences. Moreover, punishment for traffickers of persons still lags behind punishment for
traffickers of drugs, leaving questions of governmental commitment to human rights.
In April 2005, Parliament passed the Serious Organised Crime and Police Act which
creates the Serious and Organised Crime Agency (SOCA), to be operational in April 2006. It
aims to investigate the illegal movement of drugs and persons. SOCA is commendable, but
its effectiveness and ability to tackle the complex problem of TIP remain in question.
4.1.2 Sex Trafficking
Beyond the legal regime described above, laws on sex work and sexual offences are
more applicable, particularly to the end-user. For traffickers, the Sexual Offences Act of
2003 increases possible penalties to life imprisonment for trafficking for sexual exploitation.9
For end-users, the 1985 Street Offences Act criminalises curb crawling. Most offenders
only receive a warning. Interestingly, in Sweden it is not illegal to sell sex but it is illegal to
buy it, perhaps taking into account that the “seller” may not have much of an alternative but
the buyer does. In the US, there exists the End Demand for Sex Trafficking Act of 2005
(pending approval), which focuses on awareness raising programmes and educational
programmes for first-time purchasers of illegal sex. Similar provisions should be
implemented in the U.K., although this will be further addressed in Section 5.1: U.K.
Recommendations.
9
The Children Act of 1989 protects all children in the UK, including those temporarily in the UK, from sexual
exploitation. Section 20 states that all local authorities have the duty to provide accommodation to any child
who has no adult who has parental responsibility for them, has been lost or abandoned . . .” The ‘Safeguarding
Children in Prostitution’,2000, finds that children found to be involved in prostitution should not be criminally
prosecuted, but should be treated as victims. It emphasises that anyone engaging in sexual activity (whether for
money or not) with a girl or boy under 16 and a man engaging in sexual activity with a boy under 18 is
committing an offence. The maximum penalty for sex with a minor under 13 years is a life sentence, and under
16 years is two years.
20

22. Additionally, the 2003 Sexual Offences Act renders a maximum penalty for sex with an
under 13 year-old of life imprisonment, although only 7 years if 16-17 years of age.10
Rape
carries a maximum penalty of life imprisonment, indictable, although gross indecency with a
child under 14 only carries a maximum penalty of 2 years imprisonment [1960 Indecency
with Children Act]. Part I of the Sex Offenders Act 1997 requires those convicted or
cautioned to keep police informed of their name/address. These laws may help deter end-
users.
4.1.3 Labour Trafficking
Protection for victims of forced labour is still lacking. In addition to the above
mentioned laws on trafficking in general, the Health and Safety at Work Act covers workers
regardless of immigration status. However, a worker must prove he/she was employed to be
covered by section 2 of the Health and Safety at Work Act 1974. This can be very difficult
for a regular migrant worker, let alone an illegal one, due to lack of documentation, language
problems, or unfamiliarity with the legal system. Moreover, current employment law
enforcement is relies mostly on the workers themselves making Tribunal claims or testifying
[Anderson et al., 2005, 56]. As noted above with sex trafficking, owing to lacking provisions
it is difficult for trafficked victims to commit to testifying in court.
With regard to the demand-side, certain provisions have been made for both
intermediaries (traffickers) and end-users (employers). In July 2004, the U.K. enacted
legislation to criminalize human trafficking for exploitation, including labour exploitation. It
criminalises employment of a person who is illegally in the U.K., or whose immigration
status does not allow him or her to work, which is key for addressing end-user demand. Also
important is The Gangmasters Act. It makes compulsory a licensing system for gangmasters
and employment agencies that supply, or use, workers involved in agricultural activities,
gathering shellfish and related processing and packaging activities. However, the
Parliamentary Select Committee on the Environment, Food and Rural Affairs has reported
abuses due to a lack of enforcement [Anderson et al., 2005, 56].
4.1.4 Relevant International Conventions
Finally, in addition to domestic legislation, the U.K. has ratified several relevant
international conventions and treaties. They include: the Universal Declaration of Human
10
The Act also makes it an offence to traffic UK nationals within the UK for sexual exploitation purposes.
21

23. Rights, the International Convention on Civil and Political Rights, the International
Convention on Economic, Social and Cultural Rights, the Trafficking Protocol (Palermo
Protocol), the Convention for the Rights of the Child (and Optional Protocol), the Slavery
Convention (and Supplementary Convention), the Convention on the Elimination of all forms
of Discrimination Against Women, the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the ILO C182 Worst Forms of Child
Labour Convention, the Forced Labour Convention (No. 29), and the Abolition of Forced
Labour Convention (No. 105). However, the U.K. is not a member of the UN Convention on
the Protection of the Rights of All Migrant Workers and their Families and the ILO Migrant
Workers (Supplementary Provisions) Convention No. 143.
There is much to commend the U.K. government for in terms of progressively
addressing the TIP problem; however, there is still much to be improved both in domestic
legislation and in ratification of existing international conventions. Additionally, while
victims and criminal organisations understandably remain the main legal focus, demand-side
measures must be in place as well. Recommendations for domestic demand-side laws and
programmes will be addressed in Section 5.1: U.K. Recommendations.
22

24. 4.2 U.K.: Anti-Trafficking Programmes
According to demand-side discoveries made in Section 3.1.2: Components of End-User
Demand, programmes are all the more important because the target end-user is often an
average, rational individual [confirmed in Anderson et al., 2003; Hughes, 2004]. They are
not motivated by perverse psychological factors or uncontrollable economic/political
conditions; they are not impervious to moral understanding and legal consequences. They
are capable of change. This may indicate that programmes on the demand side may be more
effective than targeting trafficked women (who often face complex push factors in their home
country) or traffickers (who may not worry/care about origin or destination country laws).
The importance of demand-side directed policies is supported in the UN Trafficking
Protocol, UNHCHR Guidelines on Human Rights and Human Trafficking, as well as the
2001 Asia-Europe Meeting (ASEM) Action Plan to Combat Trafficking in Persons. Further,
the 2004 Trafficking in Persons Report detailed that:
On the demand side, persons who exploit trafficked persons must be identified
and prosecuted. Employers of forced labour and exploiters of victims
trafficked for sexual exploitation must be named and shamed. Awareness-
raising campaigns must be conducted in destination countries . . . [US DOS,
2004, 22]
However, in the U.K., appropriate action has not been taken. EPCAT-U.K. reports that
officials overseeing TIP do not view it as a priority – perhaps contributing to the legal
inadequacies discussed above [Sommerset, 2001, 20]. The lack of governmental response
reinforces existing racial, ethnic and national hierarchies in the sex industry and in domestic
work. An appropriate governmental address would serve to strengthen the role of the state in
international relations. As it stands now, non-state actors (both criminal networks and IOs
addressing the problem) have a greater presence. Helga Konrad [2005], the former Chair of
the Stability Pact Task Force (SPTF) on Trafficking in Human Beings, has aptly encouraged
that ‘[g]overnments bear prime responsibility for implementation of sustainable structures
and measures in combating human trafficking in general and trafficking in children, in
particular . . .’
Only a few demand-oriented programmes are in place. For example, the Charing Cross
Clubs and Vice is a government organisation which monitors London’s prostitution industry
to protect vulnerable adults and children. It, importantly, seeks to prosecute exploiters
23

25. (intermediaries and end-users) and is the only concrete attempt to focus on the demand side
of the TIP problem. In early 2005, the Solicitor General initiated a new focus to target men
who solicit sexual services of trafficked women, but it is too early to detect whether this has
had an effect in preventing trafficking.
Treatment programmes for sex offenders are present but too often misguided.
Cognitive behavioural therapy is the standard treatment and currently takes place in both
communities (via probation services) and in prison within England and Wales. The treatment,
however, often does not directly target deviant sexual arousal and/or fantasies, thus not
completely eradicating the problem [Adi et al., 2002, 2]. While the Sex Offender Treatment
Programme is one of the largest of its kind in the world, further improvements must be made.
In Section 4.1: U.K. Anti-Trafficking Legal Regime measures regarding victims and
traffickers were covered, and to maintain consistency, programmes for victims and against
traffickers will be briefly mentioned here. Currently, and commendably, more programmes
exist to help the survivors of TIP. Support provided by social services depends on the age of
the survivor. Those under 16 years of age are accommodated under Section 20 of The
Children’s Act, and are placed into foster care or residential care homes. Those over 16 are
usually supported under Section 17 and are placed into accommodation depending on their
needs (often hostels or B&Bs). Most boroughs in London assign a social worker to every
child in need over 16. Since May 2003, children in the U.K. are to be looked after under S20
regardless of their age if there is no person who has responsibility for him or her. Trafficked
children may receive counselling, health care and sometimes are referred to the Medical
Foundation for Victims of Torture. However, many social workers report there is a lack of
adequate accommodation for TIP survivors, especially children [Sommerset, 2004, 34]. Most
of the services are only offered on an ad hoc basis and not all survivors may receive adequate
help. The Eaves Housing pilot project provides accommodation for adult trafficked survivors.
Additionally, the Poppy Project, funded by the Home Office, provides shelter for twenty-five
women that are victims of trafficking. NGOs provide the most comprehensive assistance to
trafficked survivors, offering services ranging from advice, temporary housing, translation
services, help-lines, and medical and legal assistance.
Presently, there is no U.K. law offering trafficked survivors a “rest period” to recover
and make the difficult decision of whether or not to press charges against their subjugator.11
If a survivor decides not to press charges/testify, he/she is treated as an illegal immigrant and
11
Compared with 45 days offered in Belgium, 4 weeks in Germany, 6 months in Italy, and 3 months in the
Netherlands.
24

26. deported. If he/she presses charges, he/she may remain in the U.K. only until the proceedings
are over [Van de Kleij, 2002, 19]. Most detected TIP survivors “request” to be deported.
Kelly and Regan [2000, 32] rightly point out that the survivor response would most likely be
different if a specialist NGO were able to offer them care and protection during a rest period.
There are many operations in place to target criminal organisations and to expose
trafficking rings. For example Reflex, led by the National Crime Squad, co-ordinated actions
against organised immigration crime, including TIP, to map trafficking routes and patterns of
exploitation in the U.K. Since 2003, it has made 67 arrests and 28 convictions. Similarly,
Operation MAXIM is the Metropolitan Police’s response to organised immigration crime and
has rescued several trafficked women. The women testified against the traffickers in court,
resulting in the sentencing of 23 years imprisonment for Luan Plakici [Home Office, 2004,
79].
Although the U.K., and many destination countries, may be commended for their
efforts to address to TIP problem, clearly there is much more that needs to be done. There is
an apparent lacuna not only in research on demand-side characteristics but also in
programmes that aim to diminish the demand-side. As a lucrative business, a market for
trafficked persons will always exist (even if development issues and supply-side root causes
are resolved) if there is the demand for it. It is to demand-side policy recommendations that
the paper now turns.
25

27. 5. DESTINATION COUNTRY POLICY RECOMMENDATIONS
5.1 U.K. Recommendations
This paper has focused on the demand-side of the TIP problem, and as such, policy
recommendations will be demand-side oriented. That is not to say supply-side measures,
such as victim identification training and rehabilitation are not important or are not needed.
Indeed, there are many improvements in UK policy that should be made that do not concern
the demand-side. For supply-side recommendations, the reader is referred to Section 8:
Supply-Side Bibliography. Additionally, this paper recommends the ratification of relevant
international conventions, covered in Section 4.1.1: Relevant International Conventions,
which will help address aspects of both the supply and demand-side problems. What is
offered here are recommendations for all actors involved in the anti-TIP campaign. In
particular, however, a chance is offered to state governments to counter challenges to
sovereignty and reclaim their role as primary actors in the international community.
Once more comprehensive demand-side research is available, more effective policies
can be designed. Relevant actors should take care not to duplicate efforts, however, and
needlessly diminish limited anti-TIP resources. Based on previous analysis of price,
discriminatory norms, special commodities, and conflict mentality as key motivators of
demand, the recommendations below will specifically address policies and programmes
aimed at eliminating demand for sex and labour TIP. As the preceding analysis focused on
the U.K., many of the below recommendations are U.K.-oriented although most destination
countries would benefit from their application.
5.1.1 General Recommendations
1. Human rights should be of primary concern.
Respect for human-rights, both of the victims and the perpetrators, must always be of
primary concern. To overlook the human-rights aspects would be to disregard the various
international conventions, and domestic civil rights, that most destination countries have
pledged to uphold. In all destination countries, care must be taken to avoid too much focus
on the illegal status of migrants as opposed to the illegal nature of forced prostitution or
forced labour. The Hobbesian notion that the foreigner is the enemy must be rejected in
favour of a more Kantian approach where the countries work with (not against) immigrants
and the international community.
26

28. 2. Racist, sexist and xenophobic social norms must be addressed.
Destination countries must immediately asses the social norms which allow individuals
to convince themselves that their actions are acceptable. All countries must address the
inequality of women in their society and must eradicate the sources of xenophobic and sexist
attitudes which permit the exploitation of “others”. Kvinnoforum, a Swedish women’s forum,
has undertaken a study showing that general educational and public awareness programs may
be effective in changing male attitudes about women and commercial sex work and in
protecting potential victims of trafficking. This is a key input not only for TIP but also for
many forms of violence and abuse and should be immediately addressed.
3. Adopt a multi-disciplinary, multi-agency approach.
Currently, many anti-TIP programmes lean heavily on law enforcement, crime
prevention and national security. There is a call for stricter border controls and deportation
for illegal migrants.12
But a broader perspective is needed involving a range of government
and NGO agencies. Anti-TIP approaches should be multi-disciplinary and multi-agency.
Contributions from NGOs, victims, foreign governments, law enforcement, academia, think-
tanks and IGOs are vital to a final solution. In particular, the UN, OSCE, and IOM are key
actors in the anti-TIP matrix. A multi-disciplinary approach will better inform policies and
help appropriately target programmes. It is important that the multi-agency approach be co-
ordinated, ideally under one TIP minister. This will help ensure cases are followed through
on by the appropriate agency and will eliminate unnecessary redundancies. Ultimately it is
the nation-state that has the most power to shape markets, rally national sentiment, change
mentalities, and eliminate the demand for TIP. States have the opportunity to incorporate a
gendered perspective in their analysis of the role women play in the sex market, the role men
play in labour markets, and the role both men and women play as employers of trafficked
services – and thus to change it.
4. Prosecution should extend beyond the illegal status of the victim to his/her abuser.
The U.K. can be commended for adopting several legal migration programmes to
enable migrants to work safely and legally – but problems still exist and must be addressed.
More effort should be made under existing legislation to punish those overseeing trafficked
sex work or labour. Employers must be made aware of new legislation and demand-oriented
approaches in an effort at prevention and deterrence. Moreover, investigation should be
based on intelligence-led investigations to the extent possible instead of relying on the
12
As seen in the 2005 Conservative Party campaign, “it’s not racist to impose limits on immigration, are you
thinking what we’re thinking?”
27

29. testimony of victims. Survivors may be unwilling to bring their case forward because of fear
of arrest and deportation or reprisals by the perpetrators. Intelligence led investigations
which take account of complaints from trade unions and other agencies are likely to result in
more cases being brought against perpetrators and end-users.
5. Investigate internet sites, advertisements and employment agencies as fronts for
offering trafficked services
As in any market, customers must gain information about products from some source.
The most obvious, and frequently used in the past, is advertisements online or in magazines.
Websites, advertisements or employment agencies offering underage prostitutes, “barely 18”
pornography, mail-order brides, day labourers, or domestic care should be investigated. This
will not only help identify victims and traffickers – but also the end-users who are purchasing
these services.
5.1.2 Sex Trafficking
6. Implement targeted educational programmes for potential end-users, customers
caught in the act and officials aiming to identify end-users.
Previous analysis of forced sex work indicated that many users do not recognise the
difference between trafficked women and legal prostitutes or do not feel it is their
responsibility to report it. If this is the case, a strong argument can be made for targeted
awareness-raising campaigns. An obvious starting point for this is targeting university-level
students. Data from Anderson and O’Connell Davidson showed that 78% of their
respondents in all countries surveyed first went to a prostitute when under the age of 21.
Many surveys show a majority of prostitute-users are university educated.
Education can extend to end-users caught using trafficked services (sex work,
pornographic media, sex with a minor, etc.). The Home Office reports, ‘re-education
programmes have proved to be effective. Typically a curb crawler is offered the option of
attending a day course, at his own expense, at which the reality of street-based prostitution is
explained’ [Home Office, 2004, 68]. Such programmes are based on the idea that the
practice of arresting prostitutes but not their clients is ineffective and reflects a double
standard in which women but not men are held accountable. This idea has been confirmed by
several British vice squads as well. One officer commented:
It seems foolish to me that a woman stands on the street corner loitering or
whatever and straight away we can arrest her, but if a man does it
[solicits/curb crawls], there is no power of arrest. . . If you can eliminate the
28

30. customers, they [Parliament] say, you can eliminate the problem; then they
don’t give us the power to do it! [Benson et al., 2000, 260].
However, laws that simply eliminate the visibility of the demand-side, such as criminalising
prostitution on the streets or curb-crawling, do not eliminate the motivations of the end-users.
They only serves to drive sex work further underground (making it consequently more
difficult to identify trafficked victims). Focusing on the end-user is doubly important in TIP
as men have choice as to whether to buy sex while the trafficked prostitutes have no choice.
Similarly, training of officials is essential for proper identification – not only of victims
but also of abusers. While suitable guidelines on victim identification, processing and
applicable law is of primary concern, training should also focus on identifying and
prosecuting end-users (whether individuals or companies). The above analysis showed for
many officials trafficking is not a primary concern and police might not know how to
appropriately process victims or end-users.
7. Criminalise and punish soldiers or officials patronising or overseeing trafficked
services.
The cases of soldiers or officials stationed abroad becoming involved in
prostitution/trafficking are limited. However, global crises show no sign of waning, and first-
world countries, such as the U.K., will most likely continue to be involved in overseas relief
operations. Consequently, it is imperative – not only to the lives of the potential victims but
also to the integrity of such operations – that regulations, and punitive measures, are in place
to prohibit such occurrences. For example, the Trafficking Victims Reauthorization Act of
2005 impressively focuses on American soldiers deployed abroad to ensure they do not
participate or contribute to TIP. Similar provisions should exist in the U.K.
5.1.3 Labour Trafficking
8. Design strategies to address market failures.
If it is the case that companies need trafficked workers due to a dearth of cheap, local
workers (as seems to be in construction, agriculture or textiles), the ILO [2003, 24] suggests
pursuing strategies that address the main driver of labour TIP - labour market failure. A
closer analysis of the “special commodities” of bonded labour must be made. Perhaps more
liberal laws on holiday workers or more lenient migration schemes would help redress some
of the market failures. By addressing such problems through reasonable and innovative
solutions, TIP will no longer be a feasible labour option.
29

31. 9. Involve media to pressure and expose businesses using trafficked labour.
Media pressure can be a key motivator of change. In the U.K., the Ethical Trading
Initiative resulted in the licensing and registration of suppliers of contract labourers.
Increased media coverage and public attention to labour practices is needed to give incentives
for companies to change.
10. Streamline and co-ordinate enforcement measures, including the prosecution of
business owners.
Moreover, enforcement of the labour industry needs to be streamlined and more strictly
enforced. Although the Gangmaster Act reflects an effort to reduce labour exploitation, the
Parliamentary Select Committee on the Environment, Food and Rural Affairs’ 14th
Report
session [2002-03] and 8th Report session [2003-4] revealed enforcement is spread between
too many government agencies thus decreasing effectiveness (and increasing overall cost).
Stricter and more frequently imposed enforcement measures would disincentivise employers
from using trafficked labour, despite the cheap cost. A single minister should oversee and co-
ordinate efforts.
Investigations and prosecutions must go beyond the immediately obvious violation of
the illegal worker to include employer (end-user) theft of documents, assault and/or
blackmail. Moreover, enforcement measures must extend beyond gangmasters to other
agencies, such as private employment agencies, escort or au pair agencies that may also
engage in abusive practices.
11. Implement strategies that correct social and psychological elements of demand.
There seem to be a minority number of cases where the individual using trafficked
services, whether sex work or domestic labour, is aware of the problem and actually derives
pleasure from their power over the illegal immigrant (i.e. the “special commodity” of a
vulnerable trafficked prostitute or domestic worker). What this paper has labelled
“discriminatory norms” also is an important element; these individuals are more often the
ones who resort to violence against women and children. In these cases, specialised therapy
programmes must be in place. Imprisonment is not a proper solution if the problem is
psychological. It also may not be the most cost-effective [Home Office, 2003, 1-4; Adi et al.,
2002, 3]. Godfrey et al. [2002] notes that the cost of prison per day in the U.K. is £68.86.
The main costs associated with selective serotonin re-uptake inhibitors (SSRI) treatment is
30

32. approximately £2 per day [Adi et al., 2002, 3].13
Janus and Meehl [1997] conclude there is a
25-40% re-offending rate for sexual offenders - although this is likely to be an
underestimation, as most offences are not reported. Therapy or treatment such as SSRI, if
effective, could dramatically reduce the demand for sexual services of trafficked women and
children. In many countries, as in the U.K., programmes are already in place to offer help
with anger-management, sex addiction, paedophilia, or emotional problems. However, end-
users are often not referred to these sorts of programmes. In the previous example of Chief
Superintendent Bruce, although he was found to have “psycho sexual problems” and erectile
dysfunction, he only received a four month jail sentence and was ordered to register as a sex
offender.14
Programmes must also be in place not only to counter-act discriminatory social
practices but also to offer awareness-promoting and rehabilitation programmes for
paedophiles or violent abusers.
TIP is a difficult problem to address because no one country (or even region) can be
held responsible and yet all countries should contribute to the solution. The ILO ironically
points out that destination countries are often developed nation-states, proud of their human
rights records, and yet it is clear that labour and human rights abuses are taking place [ILO,
2003, 4]. It is the destination countries, rich in social and legal services, that need to address
the problem of demand and without delay.
13
It should be noted that SSRI is thought to be beneficial but effectiveness is uncertain as is the required
treatment time.
14
See Section 3.1: Should Britons be Concerned?
31

33. 6. CONCLUSION
While millions of persons are trafficked globally each year, many more take advantage
of their enslavement – from supermarkets to sex clients, private families to the pornography
industry. This paper has given a first-attempt at identifying who these end-users are and how
possibly to eliminate their demand. End-user motivations are often socially constructed. As
such, gender theory and constructivism have been applied throughout the paper to help
identify the norms that permit TIP. The theories were particularly relevant in the analysis of
“discriminatory norms”, “special commodities” and “conflict mentality”. “Price” was also
counted as a motivation of demand but was instead justified economically. Just as gender
theory and constructivism have yielded insightful analysis into demand-side characteristics,
they also helped to better direct policies that diminish demand. Several policy suggestions
have been made here. However many more could result from more in-depth and
comprehensive research. What is offered here is the beginning of a new research area of TIP
– one that could contribute tremendously to ending the morally and legally offensive act of
trafficking in persons.
32

34. Annex I – Albania Case Study
The paper has focused on destination countries; however push factors in origin
countries are just as important. This annex will give a brief overview some of the actions
being taken to stop trafficking in a source country; the aim is not complete coverage but to
offer a well-rounded idea of anti-trafficking initiatives on the supply side. Because of the
high proportions of Albanians working in the U.K. prostitution industry, as well as in labour,
Albania is a relevant county to consider [Sommerset, 2001, 39].
The dire political and economic situation in Albania, combined with the low status of
women in society, motivates many to seek alternatives abroad. The Kanun, or an old cultural
template for male/female relationships, is presently being manipulated to justify prostituting
women in the name of their families. However, prostitution is illegal in Albania and
prostitutes can be imprisoned for up to three years.
Albania has been encouraged by several international organisations to pursue a human
rights-based, empowering approach to anti-trafficking efforts, as opposed to a state-based,
repressive strategy. The former, associated with NGOs and IOs, places human rights at the
forefront and enables persons to protect themselves. The latter, associated with Ministries of
the Interior and Ministries of Public Order, focuses on the illegality and criminality of the
activity. Both are necessary but may conflict.
Albania outlaws prostitution under Art. 114 of the Criminal Code and trafficking cases
may be prosecuted under these provisions. The legal framework is more complete with the
incorporation of Art. 54 of the Albanian Constitution, which offers special protection to
children and pregnant women. Provisions protecting trafficked males still fall outside
Albania’s legal code. Albania is also a signatory of the Agreement of Co-operation to
Prevent and Combat Trans-border Crime. In 2004, the main focus for inter-departmental
action was a short-term Anti-Trafficking Action Plan. It focused on awareness-raising
activities, mainly implemented by NGOs rather than the government itself. Albania is one of
the few countries in SEE to incorporate female empowerment into the NPA, which is
supported by Albania’s membership to the UN Trafficking Protocol and CEDAW. The
strategy for 2004-2006 envisaged addressing educational issues, child labour, poverty
reduction, and vocational training needs. The strategy also forecasts the creation of a
National Child Protection Committee, which will develop into Regional Child Protection
Offices in each of the 12 regions of Albania. The VARRP offers return and re-integration
assistance to failed asylum seekers returning voluntarily from the U.K. (run by IOM). There
33

35. are no formal programmes that attempt to identify victims of trafficking among returning
migrants, although Terre des Hommes assists the return of Albanian children and seeks to
identify potential victims of trafficking. However, the Ministerial Statement of
Commitments, signed in 2002, commits Albania to providing victims of trafficking a
temporary residence for at least 6 months for humanitarian reasons. Victims are also entitled
to a range of social and welfare benefits.
Albania also has been involved in demand-side campaigns. Terre des Hommes asserts
that information campaigns in Greece are the main reason there was a decrease in the number
of Albanian children trafficked to Greece [Limanowska, 2005, 35]. Interestingly, both
Kosovo and FYR Macedonia have also implemented demand-side campaigns.
Advertisements such as, ‘You pay for one night, she pays with her whole life’ were aimed at
international peacekeepers [Limanowska, 2005, 35].
34

36. Annex II – Survey Questions
Below is a sample of the electronic questionnaire sent out to 495 members of parliament with
registered email addresses. MPs were asked to tick the box which most accurately reflected
how they believed their constituents felt about trafficking.
Trafficking in persons is not a problem in
the United Kingdom. Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
Trafficking in persons is an important
issue to the general U.K. population. Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
Programmes should be in place to
decrease the demand for trafficked
services (e.g. paedophile correctional
facilities, physical/sexual abuse therapy,
Internet monitoring programmes, etc.)
Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
Anti-trafficking programmes are best
addressed by local and specialised non-
governmental organisations
Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
The U.K. government should partially
fund anti-trafficking programmes. Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
Genuine victims of trafficking should
receive asylum status for at least 6 months
in the U.K.
Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
The demand for the services of trafficked
persons is not a problem the U.K.
government should address.
Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
Forced domestic labourers, who are not
U.K. citizens, are not trafficked victims. Strongly
Agree
Agree Indifferent Disagree
Strongly
Disagree
The survey had to be carried out during Parliament’s summer holiday, so there were only a
few respondents. The 15 respondents represented 722,481 constituents. Their only uniform
response was to Statement 1, to which they all ‘Strongly Disagreed’. The most divergent
responses were to Statement 6. In Annex III, all of the survey results are compiled.
35

37. Annex III – Survey Results
Political Parties of Respondent MPs
46%
20%
27%
7%
Labour
Conservative
Liberal Democrat
DUP
Approximate Number of Constituents Represented
543,975
109,112
57,698
101,696
Labour
Conservative
Liberal Democrat
DUP
Total Population
Represented: 722,481
36

38. Statement 1
Trafficking in persons is not a problem in the United Kingdom.
0
2
4
6
8
10
12
14
16
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
Statement 2
Trafficking in persons is an important issue to the general U.K. population.
0
1
2
3
4
5
6
7
8
9
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
37

39. Statement 3
Programmes should be in place to decrease the demand for trafficked services (e.g. paedophile
correctional facilities, physical/sexual abuse therapy, Internet monitoring programmes, etc.).
0
1
2
3
4
5
6
7
8
9
10
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
Statement 4
Anti-trafficking programmes are best addressed by local and specialised non-governmental
organisations.
0
1
2
3
4
5
6
7
8
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
38

40. Statement 5
The U.K. government should partially fund anti-trafficking programmes.
0
2
4
6
8
10
12
14
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
Statement 6
Genuine victims of trafficking should receive asylum status for at least 6 months in the U.K.
0
1
2
3
4
5
6
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
39

41. Statement 7
The demand for the services of trafficked persons is not a problem the U.K. government should
address.
0
1
2
3
4
5
6
7
8
9
10
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
Statement 8
Forced domestic labourers, who are not U.K. citizens, are not trafficked victims.
0
1
2
3
4
5
6
7
8
Strongly Disagree Disagree Indifferent Agree Strongly Agree
Response
NumberofRespondents
40

42. Annex IV – Relevant International Instruments
Council of Europe
Additional Protocol to the Criminal Law Convention on Corruption (2003)
Resolution 1307 (2002) on sexual exploitation of children: zero tolerance adopted by the
Parliamentary Assembly of the Council of Europe
Recommendation 1545 (2002) on a campaign against trafficking in women adopted by the
Parliamentary Assembly of the Council of Europe
Recommendation (2002) 5 of the Committee of Ministers to member states on the protection
of women against violence, adopted by the Committee of Ministers on 30 April at the
794 meeting of the Ministers' Deputiesth
European Convention on Cybercrime (2001)
Additional Protocol to the Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data, Regarding Supervisory Authorities and
Transborder Data Flow (2001)
Recommendation 1523 (2001) on domestic slavery adopted by the Parliamentary Assembly
of the Council of Europe
Recommendation 1526 (2001) on a campaign against trafficking in minors to put a stop to the
east European route: the example of Moldova adopted by the Parliamentary Assembly
of the Council of Europe
Recommendation (2001)11 of the Committee of Ministers to member states concerning
guiding principles on the fight against organised crime, adopted by the Committee of
Ministers on 19 September 2001, at the 765th
meeting of the Ministers' Deputies
Recommendation (2001)16 of the Committee of Ministers on the protection of children
against sexual exploitation, adopted by the Committee of Ministers on 31 October 2001
at the 771st
meeting of the Ministers' Deputies
Recommendation (2001)18 of the Committee of Ministers to member states on subsidiary
protection, adopted by the Committee of Ministers on 27 November 2001 at the 774th
meeting of the Ministers' Deputies
Recommendation No. R (2000) 10 on codes of conduct for public officials, and model code
of conduct for public officials
Recommendation No. R (2000) 11 of the committee of ministers to member states on action
against trafficking in human beings for the purpose of sexual exploitation, adopted by
the committee of ministers on 19 May, 2000, at the 710th
meeting of the minister’s
deputies
41

43. Recommendation No. R (2000) 19 on the role of public prosecution in the criminal justice
system
Recommendation 1450 (2000) on violence against women in Europe adopted by the
Parliamentary Assembly of the Council of Europe
Recommendation 1467 (2000) on clandestine immigration and the fight against traffickers
adopted by the Parliamentary Assembly of the Council of Europe
Criminal Law Convention on Corruptions (1999)
Civil Law Convention on Corruption (1999)
Additional Protocol to the Convention on the Transfer of Sentenced Persons (1997)
Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of
Europe member states adopted by the Parliamentary Assembly of the Council of Europe
Recommendation (1997) 24 on the twenty guiding principles for the fight against corruption
Recommendation No. R (1997)13 of the Committee of Ministers to member states
concerning intimidation of witnesses and the rights of defence, adopted by the
Committee of Ministers on 10 September 1997
Recommendation No. R (1991) 11 of the Committee of Ministers to member states
concerning sexual exploitation, pornography and prostitution of, and trafficking in
children and young adults adopted by the Committee of Ministers on 9 September 1991
at the 461st meeting of the Ministers' Deputies
European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime (1990)
Recommendation No. R (1988) 18 concerning liability of enterprises having legal personality
for offences committed in the exercise of their activities
Recommendation No. R (1987) 19 on the organisation of crime prevention
Recommendation No. R (1987) 21 on assistance to victims and the prevention of
victimisation
European Convention on the Recognition of the Legal Personality of International Non-
Governmental Organisations (1986)
Recommendation No. R (1985) 11 on the victim’s position in the framework of criminal law
and procedure
Convention on the Transfer of Sentenced Persons (1983)
European Convention on the Compensation of Victims of Violent Crimes (1983)
42

44. Convention for the Protection of Individuals with Regard to Automatic Processing of
Personal Data (1981)
Recommendation No. R (1981) 12 on economic crime
Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR-1950)
Additional Protocol to the European Convention on Extradition (1978)
Second Additional Protocol to the European Convention on Extradition (1978)
European Convention on the Transfer of Proceedings in Criminal Matters (1972)
European Convention on the International Validity of Criminal Judgements (1970)
European Convention on Mutual Assistance in Criminal Matters (1959)
European Convention on Extradition (1957)
43

45. European Union
Council Directive on the short-term residence permit issued to victims of action to facilitate
illegal immigration or trafficking in human beings who cooperate with the competent
authorities (29 April, 2004)
Council framework Decision 2004/68/JHA) on combating the sexual exploitation of children
and child pornography (22 December 2003
Council Framework Decision 2002/629/JHA on combating trafficking in human beings (19
July 2002)
Joint Action 97/154/JHA adopted by the Council on the basis of Article K.3 of the Treaty on
European Union concerning action to combat trafficking in human beings and sexual
exploitation of children (24 February 1997). Amended by Council Outline Decision
2002/629/JHA concerning trafficking in human beings (19 July 2002)
Brussels Declaration on preventing and combating trafficking in human beings; adopted by
the European Conference on preventing and combating trafficking in human beings –
global challenge for the 21st
century, on 18-20 September, 2002
Council Decision to combat child pornography on the Internet (9 June 2000)
European Parliament (Directorate-General for Research): Working paper on “Trafficking in
women” (Civil Liberties Series - LIBE 109 EN - 3-2000)
Europol’s Threat assessment - The Use of the Applicant Countries as Transit Points for
Illegal immigration and Trafficking in Human Beings into the European Union -
November 2001 (Document Reference 2530-66)
Hague Ministerial Declaration on European Guidelines for Effective Measures to Prevent and
Combat Trafficking in Women for the Purpose of Sexual Exploitation (1997)
Council Decision on the Protection of Witnesses in the Fight Against International Organised
Crime (23 November 1995)
44

46. Organization for Security and Cooperation in Europe
OSCE Anti-Trafficking Guidelines
OSCE Action Plan to Combat Trafficking in Human Beings, adopted by Permanent Council
(24 July, 2003)
Porto Ministerial Declaration on Trafficking in Human Beings, OSCE Ministerial Council (7
December, 2002)
Reference Guide for Anti-Trafficking Legislative Review; September 2001
Bucharest Ministerial Decision, adopted in the OSCE Ministerial Council (4 December, 2001)
Vienna Ministerial Decision, adopted in the OSCE Ministerial Council (27-28 December,
2000)
45

47. Stability Pact
Statement of Commitments on the Legalisation of the Status of Trafficked Persons in Tirana
(11 December, 2002)
Statement of Commitments on the Development of an Information Exchange Mechanism
Concerning Trafficking in Human Beings in South Eastern Europe, Zagreb (27
November 2001)
Stability Pact Anti-Trafficking Declaration of South Eastern Europe in Palermo (13
December, 2000)
46

48. United Nations
Report by UNICEF and UK 'Stop the Traffic!', July 2003
Former Report by UNICEF, UNHCHR and ODIHR (June 2002): ‘Trafficking in human
beings in the SEE: Current situation and responses to trafficking in human beings in
Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Federal Republic of
Yugoslavia Republic of Macedonia, Moldova and Romania’
United Nations High Commissioner for Human Rights, Recommended Principles and
Guidelines on Human Rights and Human Trafficking (July, 2002)
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, Supplementing the United Nations Convention Against
Transnational Organized Crime (2000)
United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air,
Supplementing the United Nations Convention Against Transnational Organized Crime
(2000)
United Nations Convention Against Transnational Organized Crime (2000)
Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography (2000)
ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour (1999)
ILO Recommendation 190 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour (1999)
United Nations Convention on the Rights of the Child (1989)
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
(1985)
United Nations Convention on the Elimination of All Forms of Discrimination Against
Women (1979)
ILO Convention 138 concerning the Minimum Age for Admission to Employment (1973)
ILO Convention 105 regarding the Abolition of Forced Labour (1957)
ILO Convention 29 concerning Forced or Compulsory Labour (1930)
47

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