Human Trafficking, Essay Example

Abstract

There is much truth in the statement that human trafficking or trafficking in persons (TIP) is a major crime against humanity and should be dealt with accordingly by states and non-state actors. No government in the world currently sees this as even remotely permitted. In fact, human trafficking is listed as a crime against humanity by the International Criminal Court (ICC) and is therefore considered a heinous act that should be seriously combated. Human trafficking is widely recognized as the second largest criminal activity globally and a fast-growing transnational organized crime aptly addressed in the United Nations Convention on Transnational Organized Crime and its supplementing Protocols.[1] It is this linkage to organized crime that determined part of the international community and international organizations to regard the phenomenon as a security threat. Traditionally, security has been understood as something that states seek to acquire in relation to one another. In this understanding, a state is secure if it can deter or defend itself against any possible attack or any intrusion of its sovereign integrity by another state.[2] Some have argued that nowadays, security threats are no longer just about military confrontation, territorial disputes, and nuclear proliferation. That they also arise from nonmilitary dangers such as climate change, natural disasters, infectious diseases, and transnational crimes. Among these non-traditional security threats, human trafficking looms large, especially in Southeast Asia, where natural disasters and military conflicts lead to displaced people and refugees, who are particularly vulnerable.[3] Human trafficking poses a genuine and direct security threat to states, particularly when coupled with other major offenses such as terrorism. This research analyzes Indonesia’s situation and determines whether human trafficking indeed affects the security of Indonesia, the security of other ASEAN states, or the security of the international community as a whole. The research also determines whether the concrete actions carried out by Indonesia alone or jointly with other parties to fight human trafficking have been conducted for security purposes and whether these actions have had significant impacts on the security state of the region and the world.

Introduction

Human trafficking is a global problem where humans are trapped in exploitation and coercion. Human beings, especially women and children, are commoditized and sold for labor or sexual exploitation. The underlying crisis has roots deeply embedded in the history of humankind and has suffered transformations as the societies and the world evolved. Though it existed even prior than this, the 15^th century is the era that marked the beginning of European slave trade, with Portugal paving the way for other countries such as Spain, The Netherlands, France, and Denmark in trafficking people from Africa to Europe and using them as slaves. It was in the 18^th Century when human trafficking for sexual purposes was first given the name “white slavery”[4]. Trafficking is an illegal and criminal activity that happens under the radar or in the shadowy underworld. An estimated 21 million people are victims of human trafficking[5].

Human trafficking can be traced back to the institution of slavery, which was a legacy in imperialism and colonialism. There exists a relationship between the historic slave trade and present-day human trafficking, which can be dubbed as modern slavery. On January 31^st 1865, when the US Congress passed the 13^th Amendment to the Constitution, by which slavery was formally abolished in the USA[6], the fathers of this powerful political gesture thought it would bring an end to using men, women, and children as objects for personal gain[7]. This, unfortunately, did not happen. Neither in the USA nor any other country has successfully eradicated the modern slavery[8]. Rather, it evolved to modern day slavery that is the form of human trafficking.

As Ambassador At-Large on International Slavery John R. Miller put it in 2006: ‘‘here we are in the twenty-first century and we’re talking about slavery. Wouldn’t this be a shock to our abolitionist ancestors who thought they finished the job back in the 19th century.’’[9] Despite the legal provisions criminalizing slavery, the illegal human trafficking trade has continued to date in most parts of the world, especially in developing countries. A case example is the rampant cases of human trafficking in the Asia and Pacific regions[10]. Indonesia, for example, has taken long to securitize human trafficking, which has made it register staggering human trafficking statistics.

Human trafficking continues to exist to date, sometimes in plain sight, sometimes disguised as legit activities. The process is now mostly linked with organized crime and the means and methods used to commit the offense are becoming more and more complex. Citing Warnath, Alexis A. Aronowitz observed that “trafficking of women and children is not a new problem, it has occurred throughout history. What is new is the growing involvement of organized crime and increasing sophistication of its methods.”[11] In Indonesia’s case study, for example, statistics for human trafficking are extremely high. The paper seeks to investigate the effects of late implementation of anti-human trafficking laws in Indonesia on its security and the ASEAN region. The lax enforcement of anti-trafficking laws and policies have been the cause of the slowed progress of combating crime in the region.

The gross violation of fundamental human rights is also tantamount to a security concern on multiple grounds. Mostly, people are trafficked for sexual exploitation, forced labor, forced marriage, organ harvesting, or as child soldiers in conflict areas. It implies that the perpetrators use force and result in breaking human rights[12]. On the other hand, the provisions for the international laws regarding human trafficking trace form the fact that countries converge in fighting a common issue or crime[13]. Figures from the International Labor Organization (ILO) show that there is an ever-growing tendency in the number victims, with an estimated 40.3 million people in modern slavery, including 24.9 million in forced labor and 15.4 million in forced marriage, at any given time in 2016[14]. Moreover one in four victims of modern slavery is a minor. But, because of its clandestine nature and the hidden economies in which trafficked victims are forced to work, accurate statistics on the magnitude of the problem are elusive, and the available ones are notoriously unreliable[15]. These figures have exorbitantly grown due to inconsistencies and inefficiencies in the enforcement of international human trafficking laws[16].

Therefore, the question to be thought of is whether slavery will be wiped out as the world civilization becomes more civilized. Legally, slavery will end, since no country in the world supports the practice of slavery. In Indonesia, for instance, slavery was abolished in the year 1860 in accordance with the article 169 Indische Staatsregeling.[17] International Community still finds acts of slavery in the modern society. Some of the contemporary forms of slavery, as highlighted by the United Nations’ Office of The High Commisioner of Human Rights include child trafficking, child prostitution, child pornography, child workers’ exploitation, sexual mutilation on young girls, child involvement in armed conflict, human organ’s trafficking, exploitation for prostitution, apartheid, and colonialism[18].

Definitions

A universal definition for the term trafficking was not reached until recently, on 15 November 2000, during the UN’s ratification of the GA resolution 55/25 – the Palermo Protocol. The resolution develops a protocol aimed at preventing, suppressing, and punishing trafficking offenses, especially those involving women and children[19]. Before the universal ratification of the heinous activity, respective states defined human trafficking in their perspectives and developed laws and regulations to combat it autonomously. Consequently, there were over 300 different views and laws against trafficking across the world, which were not effective. [20]

The Palermo Protocol defines human trafficking as:

[…] the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal, manipulation or implantation of organs;[21]

The UN’s universal definition has been replicated by other conventions such as the Council of Europe Trafficking Convention, Article 4. The convention has also included the aspect of trafficking in the form of forced labor or services (2011 Trafficking Directive, Article 2), which was a response to the ‘Operation Golf’ that led to the identification of children being trafficked for forced criminality. These instruments, which contain the trafficking definition(s), form the international legal anti-trafficking regime and establish the obligations which are placed upon states which are subject to their provisions.[22]

Therefore, human trafficking requires three components:

• A deliberate action that is aimed at recruitment, transportation, transfer, harboring, or reception of persons;
• The action is perpetrated through the means of threats or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim); and
• Its sole purpose is exploitation of the victims, which includes exploiting the prostitution of others, other forms of sexual exploitation, forced labor or services, slavery or similar practices, and the removal of organs.[23]

In consideration of the three components, it is imperative to consider human trafficking as a process as opposed to being a single offense. The process encompasses three stages, namely, recruitment, transportation to the desired location, and exploitation for labor or sex. More importantly, it is imperative to consider the criminal network that facilitates the trade, which is often linked to other criminal activities such as money laundering, smuggling of weapons, and sale of drugs[24].

The Stand of the International Community on Human Trafficking

The international community views human trafficking as a security issue that threatens the tenets of the rule of law and the observance of human rights. The international community began its efforts to eradicate human trafficking from the beginning of the 20^th century. Concerned by the proliferation of the phenomenon, the European leaders went on and signed the International Agreement for the suppression of the “White Slave Traffic”[25] in May 1904. However, the initial efforts targeted the problem of prostitution since it was the most prevalent form of human trafficking at the time. The treaty was ratified by several states such as the USA, United Kingdom, France, Russia, Portugal, and Germany, which placed the world at a better position to address the problem. In 1949, the UN consolidated the provisions of the treaty through the adoption of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others[26].

As the UN Office of the High Commissioner for Human Rights (OHCHR) recalls in Fact Sheet No. 14 from July 1991 “International concern with slavery and its suppression is the theme of many treaties, declarations, and conventions of the nineteenth and twentieth centuries. The first of three modern conventions directly related to the issue is the Slavery Convention of 1926, drawn up by the League of Nations.”[27] For UN’s case, the mandate of enforcing anti-trafficking standards is carried out by the ILO (International Labor Organization), IOM (International Organization of Migration), and UNODC (UN Office on Drugs and Crime) among others agencies.[28]

The current legal international framework comprises many instruments that are designed and tailored to fight human trafficking. Among the most important ones include[29];

• The Universal Declaration of Human Rights;
• International Covenant on Civil and Political Rights;
• International Covenant on Economic, Social and Cultural Rights;
• Convention on the Rights of the Child and its relevant Optional Protocol;
• Convention Concerning the Prohibition and Immediate Action for the Elimination of All Forms of Discrimination against Women;
• United Nations Protocol to Suppress, Prevent and Punish Trafficking in Persons especially Women and Children supplementing the Convention against Transnational Organized Crime;
• SAARC Convention on Combating Trafficking in Women and Children for Prostitution
• ASEAN Convention against Trafficking in Persons, Especially Women and Children.

Has The International Community Been Effective In Combating Human Trafficking?

Although the international community has been up to speed on the development of standards for preventing and punishing human trafficking, its influence had not been felt. It is only in the last two decades that it has been seen at the forefront of fighting human trafficking. CdeBaca analyzed the successes and failures of the international community efforts to combat human trafficking[30]. Although the international community has made remarkable strides in eradicating human trafficking, legal gaps and divisions that exist between the international and domestic legal regimes have been the major factor contributing to the failures. There exists no legal pillar that is shared by states and the international community on their respective responsibilities on human trafficking[31]. Worse off, the issues of prevention, protection, and prosecution on human trafficking have been dealt with in isolation. More importantly, the emphasis of policies of combating human trafficking has been the pursuit of the perpetrators, which leaves the international community with limited resources to assist the victims[32]. The focus or responsibility of the trafficking measures has been on criminal justice while neglecting an important aspect of social service for the victims. On this basis, the international community has not achieved a responsive legal approach with respective states to tackle human trafficking.

Human Trafficking in the ASEAN Region

The ASEAN region is the epicenter of human trafficking where over 85% of human trafficking victims in the Pacific and East Asia were trafficked within the ASEAN region[33]. According to UN statistics, over 25% of human trafficking victims came from ASEAN countries[34]. In this region, people are trafficked for the purposes of selling organs, forced marriages, forced begging, the sale of children, sexual exploitation, and recruitment as soldiers, and forced labor. Thus, the region has a high prevalence of human trafficking. The international community is concerned about the regions inability to tame the problem that is a serious violation of human rights.

The establishment of legal frameworks to end human trafficking is key to the promotion of the rule of law[35]. Under the international human rights law, nations are obligated to abolish human trafficking in the spirit of promoting the rule of law. As previously noted, the majority of the states have endeavored to eradicate trafficking, but little success has been achieved. It is imperative to point out that human trafficking is a heinous act that is organized in criminal networks and it requires concerted efforts to eradicate. In the most recent ranking by the US Trafficking Victims Protection Act (TVPA),[36] no country in the ASEAN region was ranked in Tier 1 in the trafficking in person report. They were ranked as Tier 2 for not fully meeting the TVPAs guidelines and minimum standards but were acknowledged for making significant efforts to comply. TVPA carries out regular reviews of the countries that have met the stipulated minimum standards for addressing prevention, suppression, and punishment of human trafficking. The ranking measures the government’s efforts to meet the requirements of the Palermo Protocol.

In this spirit of concerted efforts, the ASEAN region vowed in 1976 to promote regional cooperation and collaboration to address transnational crimes[37]. Since then, the organization has taken important steps towards increased awareness of the fact that all the transnational crimes should be articulated as threats to the security of the region and of each State party. To this extent, many initiatives have been carried out jointly under the umbrella of the organization and with support from the main UN bodies.

While the ACTIP shows commitment to intensifying the joint efforts to counter human trafficking, as other authors have observed[38], the act falls short of addressing some important features and shows that the ASEAN States are not totally prepared to genuinely tackle the phenomenon. There has been no progress in the region because member countries have different priorities and perspectives on trafficking. In particular, there are no strict rules or regulations in the regional framework to be adopted at the domestic level[39]. Worse off, some of the states have not ratified the ASEAN convention adequately. The instrument is complemented by a Plan of Action[40] and is getting very much in line with the standards indicated by the UN and the recommendations made by important actors like the United States, especially against the backdrop of the “3Ps” notion- prosecution, protection, and prevention in the anti-trafficking efforts. The ratification has enabled the region to securitize the problem of human trafficking and has sought cooperation from the international, regional, and state actors. However, state actors have been slow in securitizing the problem of human trafficking[41].The first tangible act towards this happened in 2004 when ASEAN recognized the ‘immorality and inhumanity’ of human trafficking by a declaration which called for regional anti-trafficking cooperation and establishment of a network to this sense. By 2010 and 2011, the organization reaffirmed its commitment to enhancing methods of collaboration by two joint statements, eventually leading to the leaders of ASEAN signing the ASEAN Convention against Trafficking in Persons, Especially Women and Children (ACTIP)[42] in November 2015.

Human Trafficking in Indonesia

Indonesia is infamously known for being a source and destination of human trafficking in the world. The country also serves as a transit point for human trafficking. The disparity between the international and domestic laws have been the major cause of Indonesia’s late policy implementation on human trafficking. However, the case of the over 800 abandoned human trafficking camps implies that the perpetrators are wary of the impending intervention by the local and international authorities[43]. As it is the case, in many instances, human trafficking illustrates the link between migration outflow from impoverished regions and subsequent exploitation of the migrant by those involved in the trafficking process. Many trafficking situations will begin on a consensual footing. Consequently, the role of ‘push’ factors, such as economic hardship, in the global trade in human beings should not be underestimated, as trafficking is contextual and frequently takes place against a backdrop of poverty and lack of opportunity in the origin state.[44]It has several pull and push factors that make the trade to thrive.

Indonesia’s case is characteristic of weak government, lax law enforcement, and inconsistent domestic laws with international laws on trafficking[45]. These have been the core reasons that have exacerbated human trafficking in Indonesia. The inadequacy of state laws to combat human trafficking has made the issue a great concern and a focal point for national and international policy formulation. Although Indonesia has shown increased efforts and capacity to investigate, prosecute, and convict human traffickers, it does not fully meet the minimum requirements that are necessary for the eradication of trafficking. Significant efforts have been made but its late ratification policy with the UN and ASEAN conventions has been a major drawback in the fight against trafficking[46].

After a long wait, the Indonesian government ratified the ASEAN convention that stipulates standards against human trafficking of persons, especially women and children. The ratification was actualized through the passage of the provisions in Law No.12 of 2017. The ratification expanded the government’s authority to prosecute offenders for illegal recruitment. More importantly, it established a legal framework for the Indonesian law enforcers to cooperate and collaborate with the ASEAN countries in eradicating human trafficking.[47] Data from the ILO shows that Indonesia has ratified all the eight Fundamental Convention, two of the four Governance Conventions and only 10 out of the 177 Technical Conventions the organization has put in place[48].

Indonesia’s case has been blatant failure to align its domestic laws with the international laws on human trafficking. On this basis, the country has only been paying lip service to the war against human trafficking[49]. The country has been in the process of ratifying international conventions and harmonizing its domestic laws for the longest time without actualizing them[50]. Indonesia has been slow in instituting policies that address human trafficking. Clearly, the government has made some strides, though minimal, to criminalize human trafficking locally and internationally. It has partnered with other governments such as Australia and international community agencies such as Interpol to provide legal reviews and to track human trafficking. Also, it has involved training on transnational investigative cooperation. Indonesia has established cooperation with UNICEF in a bid to protect minors from abuse and exploitation. However, the efforts have not yielded fruits because it has continually experienced an upsurge of trafficking cases. There has been no systematic effort to remedy weak governance and lax law enforcement on human trafficking. This has been worsened by the presence of corrupt officials who work closely with the criminal gangs. The collusion has made the trade thrive, which has made it impossible for the country to find a lasting solution.

Why Indonesia Has High Cases Of Human Trafficking?

Historically, Indonesia has been more of a sending state than a receiving one, even though, to a much lesser extent, cases of people trafficked to Indonesia or who transit the country exist nonetheless. It is estimated that 1.9 million of the 4.5 million Indonesians working abroad—many of whom are women—are undocumented or have overstayed their visas, increasing their vulnerability to trafficking[51]. The example of Indonesia reveals that human trafficking is indeed a security issue particularly on grounds failure of the policy to adequately control the problem and the fact that multiple security agencies, led by the attorney general, have come together to find lasting solutions.[52] The figures could be even higher than this, as per the clandestine nature of the crime and because the victims, in fear of reprisals from the authorities or the offenders, tend to avoid interaction with government or other entities that advocate for their rights.

Besides inconsistencies between the domestic and international laws on human trafficking, Indonesia has other factors that make it prone to the problem. Push factors or essentially the reasons why people decide to leave their home country:

• Inadequate employment opportunities, combined with poor living conditions, a lack of basic education and poor health services.
• Political and economic insecurity, which may be caused by mismanagement, nepotism or political corruption, conflict, environmental disaster, or structural adjustment policies resulting in the rising cost of living, in higher unemployment. and a lack of public services
• Discrimination (ethnic, gender, or caste) excluding certain persons from the employment sector; and
• Dissolution of the family, which may compel the remaining family member(s) to migrate or send children away to work and help support the family.

The pull factors, or the powerful mirage of a better life, have been identified as:

• Increased ease of travel (cheaper and faster travel opportunities, easier access to passports);
• Higher salaries and standard of living in larger cities and countries abroad (greater possibilities for acquiring new skills and education, increased job opportunity, and mobility);
• Established migration routes and ethnic, national communities in destination countries;
• An active demand for migrant workers in destination countries combined with the existence of recruitment agencies and persons willing to facilitate jobs and travel; and
• High expectations of opportunities in other countries boosted by global media and Internet access, and stories of returning migrants or those whose families have profited from the remittances.

Security Issues Emanating from Indonesia’s Late Implementation Policy

The scourge of human trafficking and the belated response by the Indonesian government has been a threat to international peace and security. Being a transnational crime, crime affects national, regional, and international security. International laws provide for the regulation of the critical human right violation activity as well as the prosecution of the culprits[53]. The involvement of multiple players in the legal and justice systems makes a difference regarding the possibilities of finding lasting solutions. The involvement of the international community is a primary requirement given that human trafficking involves multiple states. As such, the underlying policies to control the issue will need to be modified along the legal provision of individual states.

In the case of Indonesia, it has been shown that the country has deliberately slowed its pace in ratifying the conventions to be at par with other countries in the fight against human trafficking. The country is a threat to the efforts made to combat human trafficking because it provides a haven for human traffickers. This has caused tension between the country and its ASEAN neighbors such as Malaysia[54][55] who perceive it as complicit to human trafficking. The corrupt officials in the country have created a haven where traffickers carry out the illegal trade without interference from the law enforcement agencies. It is clear that the massive efforts made by the ASEAN region cannot be fruitful because the member countries are not united in this fight[56]. The member countries have different priorities.

Human trafficking opens the region to other forms of transnational organized criminal activities such as drug trafficking, terrorism, money-laundering, and smuggling. As a result of rampant organized crimes, insecurity and instability are fostered in the ASEAN region[57]. Worse off, the insecurity and instability spill off to other regions, which threatens international peace, stability, and security. Terrorist groups, who are notorious in this trade, benefit from the proceeds of human trafficking. There exists a linkage between human trafficking and terrorism that pose a security threat to the region[58]. Terrorist groups are the primary beneficiaries of child trafficking. They prefer children because they are easy to manipulate and control, which makes them obey orders without question. Therefore, Indonesia’s case has enabled child trafficking that has benefited terror groups in the region[59]. Fighting human trafficking eliminates all forms of organized crimes that finance terrorism and develop the capacity to perpetrate terror activities in the region and across the world. Indonesia’s late policy has impeded the fight against organized crimes both regionally and internationally. Also, it has been a drawback to counter-terrorism strategies by the regional and international community. It is evident that Indonesia’s inability or unwillingness to tackle human trafficking has made the region ideal for other organized crimes that are insecurity and instability threats.

Discrimination and inequalities are the basis under which human trafficking takes place. Inequalities create minority groups that are vulnerable to discrimination. Traffickers potentially target the minorities, whether ethnic, racial or religious. Being a minority group is potential for the vulnerability of human trafficking. The security and peace of the minority groups of people are at risk due to potential vulnerability to human trafficking. Equally, sexual and gender-based violence happens within the perception of minority existence[60]. The exploitation of minorities is used to advance military, ideological, or political goals. Indonesia’s tolerance for human trafficking puts minorities at risk. Inequality and discrimination are the tools used by traffickers to identify potential victims. Thus, human trafficking in Indonesia has contributed to other social vices of discrimination and sexual violence, which have the potential of fostering instability and insecurity and exacerbating conflicts. Trafficking in Indonesia has drifted the region and the world towards discrimination and inequalities.

Traffickers also target victims who are predisposed to natural disasters and conflict areas[61]. These are easy targets to lure into the trade. The case of the ASEAN region portrays a linkage between human trafficking, civil unrest, and conflicts[62]. Civil unrest and conflict increase the vulnerability of the affected populations. Additionally, the link between human trafficking, sexual violence, and terrorism in conflict areas is a threat to international peace and security. Human trafficking has not only undermined human dignity but has also undermined the values of humanity. Areas stricken by disasters and conflicts form the core breeding grounds for human traffickers. The beneficiaries of human trafficking orchestrate conflicts to cause instability and insecurity, which are necessary ingredients for the illegal trade to take place[63]. Also, terrorists benefit more when countries are in chaos and turmoil. The absence of the rule of law in such areas makes it easy to carry out the trade. However, this cannot be possible if there are no ready markets for trafficking victims. Indonesia provides a ready market and a transit point for human trafficking.

Also, Indonesia’s late policy on human trafficking has enabled illegal immigration, which is against the international immigration standards[64]. Article 11 of the Palermo Protocol expects states to enforce strict border control measures to detect, deter, or prevent human trafficking[65]. This requirement not only addresses the issue of human trafficking, but also helps states to deal with other organized crimes, as argued before. Indonesia has exposed itself and the region to other organized crimes for failing to implement strict border control regulations. Unregulated migration exposes the country and the region to infectious diseases. This aids in the international spread of diseases because screening is not done. This poses a transnational health threat due to illegal migrations. It is evident that trafficking intersects with public health issues, especially in communicable diseases[66].

Discussion & Analysis

Human trafficking is a threat to the whole society and undermines society’s health, safety, and freedoms. It poses a serious threat to national and regional security. Human trafficking meets the criteria used on the process of securitizing social problems[67]. The illegal trade is a threat to peace and security. Therefore, human trafficking is not only a moral issue but also a security issue that abets other forms of crime. Trafficking in persons and security were shown to have a linkage where insecurity is high in areas that are not stringent on anti-trafficking laws. It is imperative to note that Indonesia’s high rate of human trafficking is a result of porous borders coupled with a weak legal regime is a recipe for insecurity and instability[68]. The repercussions of trafficking such as smuggling of weapons and narcotics cause disturbance to the international peace.

When terrorism and human trafficking connect, they reign dangers and dilemmas for national and regional security. As alluded earlier, the connection between terrorism and trafficking exposes vulnerable populations to potential subjugation to sex or labor exploitation. Both are transnational crimes that work in cahoots or support each. Besides the financial gains that terrorist groups gain from trafficking, human traffickers benefit from the state of unrest and chaos that is good for the illegal trade[69]. The resolution 2388 that was reached in 2017 made a finding that human trafficking was used as means of raising funds by terrorist groups[70]. The dilemma faced by countries is to handle trafficking victims who are also perpetrators of terrorism. Trafficking for terrorism purposes is a drawback to counter-terrorism efforts. In Indonesia’s case, poor border control regulations and lax enforcement of anti-trafficking has been counterproductive to the gains made by the ASEAN countries in combating illegal migration and terrorism. This indirectly supports conflicts in other areas because human traffickers have a safe place to transport persons via Indonesia.

The alarming human trafficking statistics in Indonesia raises security concerns for the country, the region, and the international community. Although the analysis of the legal response in the last 20 years leads to the argument that Indonesia is on the right path to becoming genuinely willing to fight human trafficking in and outside its borders, it has continually posed security threats to itself and the ASEAN countries. For example, human trafficking has contributed to high cases of smuggling and irregular migration issues in the region[71]. The blurring legal distinctions between the domestic and international human trafficking laws worsen the situation for the region. This implies that Indonesia is not on the same front with other ASEAN countries in combating trafficking and illegal migration. For this reason, the region is incapacitated to realize the mission of eradicating because Indonesia is not strict in enforcing anti-trafficking laws. Additional efforts should be undertaken by the Government, especially regarding the adjustment of the 2007 law and providing increased protection for children and women, and ratifying technical conventions with the ILO[72].

It is not in the best interest for Indonesia to continue lagging in the implementation of the ratified policies because it predisposes the region to more security threats than it predisposes itself. The issue of organized crime is a transnational issue that touches every country in the world. This extends to terrorism, targeting of minorities, and perpetuation of conflicts to cause instability and insecurity. Human trafficking provides a gateway to other vices in the society that exacerbate regional and international peace and stability. As such, Indonesia has been a gateway to other security issues that could have been addressed through the ratification of the Palermo Protocol[73].

The overall impacts of human trafficking and illegal migration is a threat to Indonesia’s national security and the ASEAN region[74]. Thousands of victims continue to risk their lives unnecessarily as they try to reap the benefits promised by traffickers. This has enabled unscrupulous persons and cartels to perpetrate organized crime within Indonesia’s boundaries. It is considered an international security issue because it is a risk to the protection of human rights and observance of the rule of law. Worse off, it endangers human security, especially women and children who are easy targets for traffickers. Indonesia is a “source, destination, and transit point” for trafficking[75]. In this case, the country makes it difficult for other countries to eradicate trafficking successfully.

Indonesia’s late implementation of anti-trafficking laws can be viewed as a deliberate effort to abet human trafficking. This affirms the earlier claim that the ASEAN countries were divided into priority and perception to eradicate trafficking[76]. However, the corrupt officials in Indonesia have also increased the rate of human trafficking because it counters the efforts made to prevent, suppress, and punish trafficking. Having acknowledged that the problem poses security threats to the regional and international communities, it is imperative for Indonesia to increase its cooperation and collaboration to eradicate the rampant cases of trafficking.

It is evident that weak government, lax law enforcement, and inconsistent domestic laws with international laws on trafficking have been the core reasons that have exacerbated human trafficking in Indonesia[77]. These inadequacies were making the Indonesian government fail in its quest to fight human trafficking. This a major threat to international and regional peace and security. The inconsistencies between Indonesian domestic laws with international laws on human trafficking has incapacitated the country to contain human trafficking, which has made it spill into the neighboring countries. The example of its poor bilateral relations with Malaysia is a result of its porous borders that have impeded Malaysia’s fight against trafficking and illegal migrations[78]. Consequently, Indonesia has been named the epicenter of human trafficking in the ASEAN region[79]. The Indonesian government is ranked as a Tier 2 country because it does not satisfy the TVPA in its efforts to meet the minimum stipulate requirements for compliance.

Future Possibilities 

While it may be impossible to relate with the plight of the human trafficking victims, treating persons as commodities or property for sale in immoral and inhumane and poses a security threat to the existence of humans. It is expected that inconsistencies in laws and regulations will continue to make the difference regarding the increase cases of trafficking in the ASEAN region. States should adopt legislations and treaties that can lift the inconsistencies and promote seamless anti-trafficking laws at the domestic and international level. Continued trafficking is a security threat for people within Indonesia and in other countries. Indonesia has been playing the role of making trafficking aggravate to an international level, which raises security issues and concerns at the international level.

Considering the situation in Indonesia, the country should align its domestic laws and policies to international standards. This would enable the country to deal with offenders more firmly by criminally prosecuting and punishing offenders with the aid of regional cooperation. As the country deals with corrupt officials internally, it should work collaboratively with other countries to expand the net for prosecution and punishment. Efforts to have proactive measures to identify potential traffickers would go a long way in reducing the vulnerability of targeted victims.

References

(Ilo.org, 2019) <https://www.ilo.org/wcmsp5/groups/public/—dgreports/—dcomm/documents/publication/wcms_575479.pdf> accessed 24 January 2019

(Duo.uio.no, 2019) <https://www.duo.uio.no/bitstream/handle/10852/53911/Final-Master.pdf?sequence=5> accessed 26 January 2019

(Ecpat.org, 2019) <http://www.ecpat.org/wp-content/uploads/2016/10/3.-SECTT-INDONESIA.pdf> accessed 27 January 2019

(Publications.iom.int, 2019) <https://publications.iom.int/system/files/pdf/asean_and_trafficking_in_persons.pdf> accessed 27 January 2019

(Un.org, 2019) <http://www.un.org/womenwatch/osagi/resources/faces/10-Traffick_faces_en.pdf> accessed 29 January 2019

(Asean.org, 2019) <https://asean.org/wp-content/uploads/2012/05/APA-FINAL.pdf> accessed 29 January 2019

(Asean.org, 2019) <https://www.asean.org/wp-content/uploads/2015/12/ACTIP.pdf> accessed 29 January 2019

(Unodc.org, 2019) <https://www.unodc.org/documents/middleeastandnorthafrica/organised-crime/United_nations_convention_against_transnational_organized_crime_and_the_protocols_thereto.pdf> accessed 20 January 2019

(Ilo.org, 2019) <https://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_105023.pdf> accessed 30 January 2019

(Nexushumantrafficking.files.wordpress.com, 2019) <https://nexushumantrafficking.files.wordpress.com/2016/05/going-home-english-a41.pdf> accessed 30 January 2019

Current News – January 2009::’ (Indonesia.ro, 2019) <http://www.indonezia.ro/crnews_jan09/dv01_012409.html> accessed 27 January 2019

“America’s Original Sin: Slavery Never Ended, It Just Evolved.” Sojourners. Last modified February 3, 2016. <https://sojo.net/about-us/news/america-s-original-sin-slavery-never-ended-it-just-evolved> accessed 11 March 2019.

Aronowitz A, Human Trafficking, Human Misery (Praeger 2009) ‘Asia And The Pacific | Global Slavery Index’ (Global Slavery Index, 2019) <https://www.globalslaveryindex.org/2018/findings/regional-analysis/asia-and-the-pacific/> accessed 30 January 2019

“ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.

Bassiouni, Cherif M., Daniel Rothenberg, Ethel Higonnet, Cynthia Farenga, and Augustus Sol Invictus. “Addressing international human trafficking in women and children for commercial sexual exploitation in the 21st century.” Revue Internationale de droit pénal 81, no. 3 (2010): 417-491.

‘Convention C189 – Domestic Workers Convention, 2011 (No. 189)’ (Ilo.org, 2019) <https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:2551460> accessed 27 January 2019

CdeBaca, L., 2011. Successes and Failures in International Human Trafficking Law. Mich. J. Int’l L., 33, p.37.

Diana.teixeira. “FAQs.” United Nations Office on Drugs and Crime. Accessed March 11, 2019. <https://www.unodc.org/unodc/en/human-trafficking/faqs.html> accessed on 11 March 2019.

Dutta, Mondira. “Natural disaster and vulnerability to trafficking of women and girls in India.” European Scientific Journal, ESJ13, no. 12 (2017).

Elliott JK McCartan, ‘The Reality of Trafficked People’s Access to Technology’ (2013) 77 The Journal of Criminal Law.

Emmers R, ‘The Securitization of Transnational Crime in ASEAN’ (2002) 39 <https://www.rsis.edu.sg/wp-content/uploads/rsis-pubs/WP39.pdf> accessed 27 January 2019

Farhana, F., 2018. Responsive Legal Approach to Law of Human Trafficking in Indonesia. Journal of Social Studies Education Research, 9(1), pp.214-227.

‘Indonesia’ (U.S. Department of State, 2019) <https://www.state.gov/j/tip/rls/tiprpt/countries/2018/282673.htm> accessed 26 January 2019

‘Joint Oral Statement On Human Trafficking In Indonesia And Malaysia – VIVAT International’ (Vivatinternational.org, 2019) <https://vivatinternational.org/blog/2018/03/17/joint-oral-statement-on-human-trafficking-in-indonesia-and-malaysia/#_ftn3> accessed 27 January 2019

King, L., 2008. International law and human trafficking. Topical Research Digest: Human Rights and Human Trafficking, pp.88-90.

Kosandi M and others, ‘Combating Human Trafficking In The Source Country: Institutional, Socio-Cultural, And Process Analysis Of Trafficking In Indonesia’ [2017] Proceedings of the International Conference on Administrative Science, Policy and Governance Studies (ICAS-PGS 2017) and the International Conference on Business Administration and Policy (ICBAP 2017)

‘OHCHR | Protocol To Prevent, Suppress And Punish Trafficking In Persons’ (Ohchr.org, 2019) <https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx> accessed 30 January 2019

Permatasari, Diah Ayu. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015): 1-26.

Peuli?, Duško. “Human Trafficking: A Threat to State Security and Human Security.” (2017).

‘Ratifications Of ILO Conventions: Ratifications for Indonesia’ (Ilo.org, 2019) <https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102938> accessed 27 January 2019

‘Resolution 2388’ (Unscr.com, 2019) <http://unscr.com/en/resolutions/doc/2388> accessed 30 January 2019

Rosita; Bakar, Firdaus Abu; Tarfik, 2016. Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia. JL Pol’y & Globalization, 51, p.1.

Pati, Roza. “Human Trafficking: An Issue of Human and National Security, 4 U.” Miami Nat’l Security & Armed Conflict Law Review, no. 29 (2014).

Shanty, Frank, and Patit Paban Mishra. Organized crime: from trafficking to terrorism. Vol. 1. Abc-clio, 2008.

Sukma R, ‘The Securitization of Human Trafficking in Indonesia’ (Rsis.edu.sg, 2019) <https://www.rsis.edu.sg/wp-content/uploads/rsis-pubs/WP162.pdf> accessed 27 January 2019

‘Tackling Human Trafficking in ASEAN’ (International Relations, 2019) <http://ir.bellschool.anu.edu.au/news-events/stories/5149/tackling-human-trafficking-asean> accessed 30 January 2019

‘UNTC’ (Treaties.un.org, 2019) <https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VII-8&chapter=7&clang=_en> accessed 24 January 2019

Zimmerman, Cathy, and Ligia Kiss. “Human trafficking and exploitation: a global health concern.” PLoS medicine 14, no. 11 (2017): e1002437.

Bastick, Megan, and Karin Grimm. Security sector responses to trafficking in human beings. Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2007.

Wylie, Gillian. “Securing States or Securing People? Human Trafficking and Security Dilemmas.” Studies: An Irish Quarterly Review 95, no. 377 (2006), 7-17.

[1] Roza Pati, “Human Trafficking: An Issue of Human and National Security, 4 U,”Miami Nat’l Security & Armed Conflict Law Review, no. 29 (2014): 12.

[2] Gillian Wylie, “Securing States or Securing People? Human Trafficking and Security Dilemmas,” Studies: An Irish Quarterly Review 95, no. 377 (2006): 11.

[3] (Imf.org, 2019) <https://www.imf.org/external/pubs/ft/fandd/2018/09/pdf/human-trafficking-in-southeast-asia-caballero.pdf> accessed 15 March 2019.

[4] Roza Pati, “Human Trafficking: An Issue of Human and National Security, 4 U,” 11

[5] Global estimates of modern slavery: Forced labor and forced marriage International Labour Office (ILO), Geneva, 2017.

[6] ‘Our Documents – 13Th Amendment to The U.S. Constitution: Abolition of Slavery (1865)’ (Ourdocuments.gov, 2019)

[7] Gillian Wylie, “Securing States or Securing People? Human Trafficking and Security Dilemmas,” 13

[8] “America’s Original Sin: Slavery Never Ended, It Just Evolved.”

[9] Miller, J. R. ‘‘On-the-Record Briefing by Ambassador John R. Miller, Ambassador-

at-Large on International Slavery, on Release of the Sixth Annual Trafficking in

Person Report,” U. S. Department of State (2006).

[10] ‘Asia and The Pacific | Global Slavery Index’ (Global Slavery Index, 2019)

[11] Alexis A Aronowitz, Human Trafficking, Human Misery (Praeger 2009).

[12] Bastick, Megan, and Karin Grimm. Security sector responses to trafficking in human beings. Geneva Centre for the Democratic Control of Armed Forces (DCAF), 2007.

[13] King, L., 2008. International law and human trafficking. Topical Research Digest: Human Rights and Human Trafficking, pp.88-90.

[14] Global estimates of modern slavery: Forced labour and forced marriage International Labour Office (ILO), Geneva, 2017, Available at: https://www.ilo.org/wcmsp5/groups/public/—dgreports/—dcomm/documents/publication/wcms_575479.pdf [Accessed 24 Jan. 2019].

[15] Alexis A Aronowitz, Human Trafficking, Human Misery (Praeger 2009).

[16] Bassiouni, “Addressing international human trafficking in women and children for commercial sexual exploitation in the 21st century,” p.421.

[17] Asia and The Pacific | Global Slavery Index’ (Global Slavery Index, 2019)

[18] UN Office of the High Commissioner for Human Rights (OHCHR), Fact Sheet No. 14, Contemporary Forms of Slavery, July 1991, No. 14, available at: https://www.refworld.org/docid/4794773b0.html [accessed 28 January 2019]

[19] ‘OHCHR | Protocol to Prevent, Suppress and Punish Trafficking in Persons’ (Ohchr.org, 2019) <https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx> accessed 21 January 2019.

[20] (Duo.uio.no, 2019) <https://www.duo.uio.no/bitstream/handle/10852/53911/Final-Master.pdf?sequence=5> accessed 26 January 2019.

[21] Ibid 5, Art. 3

[22] King, L., 2008. International law and human trafficking. Topical Research Digest: Human Rights and Human Trafficking, pp.88-90.

[23] Ibid. 4

[24] Ibid.

[25] (Treaties.un.org, 2019)

[26] ‘UNTC’ (Treaties.un.org, 2019) <https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VII-8&chapter=7&clang=_en> accessed 24 January 2019

[27] UN Office of the High Commissioner for Human Rights (OHCHR), Fact Sheet No. 14, Contemporary Forms of Slavery, July 1991, No. 14, available at: https://www.refworld.org/docid/4794773b0.html [accessed 28 January 2019]

[28] Diana.teixeira. “FAQs.” United Nations Office on Drugs and Crime. Accessed March 11, 2019. <https://www.unodc.org/unodc/en/human-trafficking/faqs.html> accessed on 11 March 2019.

[29] King, L., 2008. “International law and human trafficking,” pp.88-90.

[30] CdeBaca, L., 2011. Successes and Failures in International Human Trafficking Law. Mich. J. Int’l L., 33, p.37.

[31] (Asean.org, 2019)

[32] Farhana, F., 2018. Responsive Legal Approach to Law of Human Trafficking in Indonesia. Journal of Social Studies Education Research, 9(1), pp.214-227.

[33] (Publications.iom.int, 2019)

[34] “ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.

[35] King, L., 2008. International law and human trafficking. Topical Research Digest: Human Rights and Human Trafficking, pp.88-90.

[36] ‘OHCHR | Protocol to Prevent, Suppress and Punish Trafficking in Persons’ (Ohchr.org, 2019) <https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx> accessed 21 January 2019.

[37] Ralf Emmers, ‘The Securitization of Transnational Crime in ASEAN’ (2002) 39 <https://www.rsis.edu.sg/wp-content/uploads/rsis-pubs/WP39.pdf> accessed 27 January 2019.

[38] ‘Tackling Human Trafficking In ASEAN’ (International Relations, 2019) <http://ir.bellschool.anu.edu.au/news-events/stories/5149/tackling-human-trafficking-asean> accessed 30 January 2019.

[39] ‘Ratifications Of ILO Conventions: Ratifications for Indonesia’ (Ilo.org, 2019) <https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102938> accessed 27 January 2019

[40] (Asean.org, 2019) <https://asean.org/wp-content/uploads/2015/12/APA-FINAL.pdf> accessed 29 January 2019.

[41] Rizal Sukma, ‘The Securitization of Human Trafficking in Indonesia’ (Rsis.edu.sg, 2019) <https://www.rsis.edu.sg/wp-content/uploads/rsis-pubs/WP162.pdf> accessed 27 January 2019.

[42] (Asean.org, 2019) <https://www.asean.org/wp-content/uploads/2015/12/ACTIP.pdf> accessed 29 January 2019.

[43] “ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.

[44] Ibid.

[45] Bakar, Rosita; Firdaus Abu; Tarfik, 2016. Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia. JL Pol’y & Globalization, 51, p.1

[46] ‘Tackling Human Trafficking in ASEAN’ (International Relations, 2019) <http://ir.bellschool.anu.edu.au/news-events/stories/5149/tackling-human-trafficking-asean> accessed 30 January 2019

[47] Ibid 23

[48] ‘Ratifications Of ILO Conventions: Ratifications For Indonesia’ (Ilo.org, 2019) <https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102938> accessed 27 January 2019.

[49] Bakar, Rosita; Firdaus Abu; Tarfik, 2016. Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia. JL Pol’y & Globalization, 51, p.1

[50] Farhana, F., 2018. Responsive Legal Approach to Law of Human Trafficking in Indonesia. Journal of Social Studies Education Research, 9(1), pp.214-227.

[51] ‘Indonesia’ (U.S. Department of State, 2019) <https://www.state.gov/j/tip/rls/tiprpt/countries/2018/282673.htm> accessed 26 January 2019.

[52] ‘Indonesia’ (U.S. Department of State, 2019)

[53] King, L., 2008. International law and human trafficking. Topical Research Digest: Human Rights and Human Trafficking, pp.88-90.

[54] (Vivatinternational.org, 2019)

[55]Diah Ayu, Permatasari. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015), p.16.

[56] ‘Ratifications Of ILO Conventions: Ratifications for Indonesia’ (Ilo.org, 2019) <https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:102938> accessed 27 January 2019

[57] Diah Ayu, Permatasari. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015): 1-26.

[58]Frank Shanty, and Patit Paban Mishra. Organized crime: from trafficking to terrorism. Vol. 1. Abc-clio, 2008.

[59] Diah Ayu, Permatasari. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015), p.13.

[60] Duško, Peuli?. “Human Trafficking: A Threat to State Security and Human Security.” (2017).

[61] Dutta, Mondira. “Natural disaster and vulnerability to trafficking of women and girls in India.” European Scientific Journal, ESJ13, no. 12 (2017).

[62] “ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.

[63] Duško, Peuli?. “Human Trafficking: A Threat to State Security and Human Security.” (2017).

[64] Bassiouni, “Addressing international human trafficking in women and children for commercial sexual exploitation in the 21st century,” p.421.

[65] ‘OHCHR | Protocol to Prevent, Suppress and Punish Trafficking in Persons’ (Ohchr.org, 2019) <https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx> accessed 21 January 2019.

[66] Zimmerman, Cathy, and Ligia Kiss. “Human trafficking and exploitation: a global health concern.” PLoS medicine 14, no. 11 (2017): e1002437.

[67] Rizal Sukma, ‘The Securitization of Human Trafficking in Indonesia’ (Rsis.edu.sg, 2019) <https://www.rsis.edu.sg/wp-content/uploads/rsis-pubs/WP162.pdf> accessed 27 January 2019.

[68] Bakar, Rosita; Firdaus Abu; Tarfik, 2016. Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia. JL Pol’y & Globalization, 51, p.7

[69] Frank Shanty, and Patit Paban Mishra. Organized crime: from trafficking to terrorism. Vol. 1. Abc-clio, 2008.

[70] ‘Resolution 2388’ (Unscr.com, 2019) <http://unscr.com/en/resolutions/doc/2388> accessed 30 January 2019

[71] ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.

[72] (Ilo.org, 2019)

[73] ‘OHCHR | Protocol to Prevent, Suppress and Punish Trafficking in Persons’ (Ohchr.org, 2019) <https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx> accessed 21 January 2019.

[74] Diah Ayu, Permatasari. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015), p.16.

[75] (Unodc.org, 2019)

[76] ‘Tackling Human Trafficking In ASEAN’ (International Relations, 2019) <http://ir.bellschool.anu.edu.au/news-events/stories/5149/tackling-human-trafficking-asean> accessed 30 January 2019

[77] Bakar, Rosita; Firdaus Abu; Tarfik, 2016. Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia. JL Pol’y & Globalization, 51, p.9

[78] Diah Ayu, Permatasari. “An Overview of the Indonesian Security Outlook.” Jurnal Keamanan Nasional 1, no. 1 (2015), p.16.

[79] “ASEAN: Epicentre of Human Trafficking.” The ASEAN Post. Last modified July 31, 2018.<https://theaseanpost.com/article/asean-epicentre-human-trafficking>accessed on 10 March 2019.