Women as Commodity: Trafficking of Women in Bosnia & Herzegovina

The idea of human rights has been a sensitive issue for many years because of the vagueness of its definition, as evident in its own beginnings. Human rights have evolved substantially over the centuries. It first became a topic of discussion in the fields of philosophy and politics in the 17^th century; however, the terms associated with this idea were 'natural rights' or 'the rights of man' as opposed to 'human rights,' and rights were not necessarily directed towards alleviating the suffering of individuals, but more so as "a challenge to the reigning principles of political legitimacy" (Donnelly 28). Prior to the modern period, there were no rights that were universal for all human beings. Rulers were encouraged to rule with the common good for all citizens, which stemmed from ideas such as natural law. Natural law is defined by the Catholic Encyclopedia as "the rule of conduct which is prescribed to us by the Creator in the constitution of the nature with which He has endowed us" (Catholic Encyclopedia). However, there were no consequences for those rulers who failed to incorporate common good or, for that matter, natural law. John Locke's Second Treatise on Government introduced this theory of natural rights in which these rights are defined as "those rights which we are supposed to have as human beings before ever government comes into being. We might suppose, that like other animals, we have a natural right to struggle for our survival. Locke will argue that we have a right to the means to survive" (Stanford Encyclopedia of Philosophy). He argues further that natural rights cannot be protected without a government, thus the reason why citizens decide to establish governments. In a social contract, as termed by Locke, governments and citizens work together to ensure the protection of rights, and citizens are not obliged to obey governments if their rights are being violated. Unfortunately, his theory had several important flaws. It was, in reality, the middle class that claimed the existence of natural rights because they were acting out against the higher-class bourgeoisie. Additionally, Locke's theory was targeted towards only males and, even moreso, to land-owning males. Therefore, the universality of these natural rights did not even exist.

One of the simplest definitions of human rights is that human rights are "the rights one has simply because one is a human being" and, with new laws coming into effect at national, regional, and international levels, these rights are becoming, in theory, universal (Donnelly 1). Human rights are no longer solely for land-owning males but also for women; however, it seems as though women are often the ones to have their human rights violated the most. Countless laws have been passed that aim to protect the rights of women, and, in particular, against violations such as sex slavery and trafficking. The laws protecting women against sex slavery and trafficking are on the path towards the so-called gender justice of Martha Nussbaum in which woman's central human capabilities include bodily health and bodily integrity. Unfortunately, violations against both the bodily health and bodily integrity of women continue today. According to Refugees International, sex trafficking "is among the fastest growing criminal activities, occurring worldwide and within individual countries. Globally, at least 600,000 - 800,000 people, mostly women and children, are trafficked each year across borders, including 14,500 - 17,500 persons into the United States. Annual profits from human trafficking have been estimated at five to seven billion dollars" (Refugees International). Sex slavery and trafficking of women have existed for a long time, but the current trend of globalization has opened international borders to accommodate sex slavery and trafficking.

In order to prove the negative effects of globalization on sex slavery and trafficking of women, I will provide a case study of Bosnia and Herzegovina which was a part of the former Yugoslavia. I will show how sex trafficking emerged following the Yugoslavia years when the country was engulfed in globalization. I will give examples of the issue of sex slavery and trafficking of women in Bosnia and Herzegovina and also provide the measures or lack thereof being taken at the domestic, regional, and international levels to rid of this problem. I believe that the only way to show how globalization has had a negative effect on sex slavery and trafficking is by using a case study of a country that has only experienced the phenomenon over the past decade. Bosnia and Herzegovina is a perfect case study to analyze sex slavery and trafficking due to its historical background as well as political and economic situations.

Slavery will hereafter be defined as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised" as stated in the Slavery Convention (United Nations). Trafficking in persons will hereafter be defined as "the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the 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 labour or services, slavery or practices similar to slavery, servitude or the removal of organs" as stated in the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (United Nations). Sex slavery and trafficking are human rights violations in accordance to these laws among multiple others as well as discriminations against women prohibited in the Convention on the Elimination of All Forms of Discrimination against Women.

Many argue that sex trafficking is a direct result of economic globalization. Globalization is simply the opening up borders between countries to allow easier access to and the increased flow of goods and services. In sex slavery and trafficking, women lose their status as human beings and become, instead, a good or a provider of services. It is in the free market of globalization that women's bodies are up for sale.

Economic situations, aided by the recent trend of globalization, have led people to migrate across borders in order find a better way of life, and women, who "are increasingly relied upon to provide low paid and unskilled services," provide no exception (Segrave and Milivojevic , 13). It is often in the fact that "women choose or are forced to migrate that this alternative framework for sex trafficking begins" (Segrave and Milivojevic , 13). While some women use themselves to gain income, others exploit women for their own personal source of income. These women are often given high hopes for a better life and are under the impression that they will be taken across borders for another purpose, but when they get there they realize they had been given false hopes.

However, while sex trafficking is a blatant human rights violation in accordance to multiple international laws, the international community has had difficulty in preventing and stopping trafficking, as well as prosecuting those involved. Maria Segrave and Sanja Milivojevic argue that there are varying ideological divisions that impede the halt of slavery and trafficking. They break the divisions into two parts within the framework of feminism: neo-abolitionist and neo-regulationist. Neo-abolitions associate trafficking directly with prostitution which is considered "as a form of gender-based violence" in all cases (Segrave and Milivojevic, 11). There is no distinction within the two areas, although prostitution is more of a domestic matter while trafficking is more of an international matter. For neo-abolitionists, no woman willingly enters the sex industry. On the contrary, neo-regulationists hold the position that some women do willingly enter the sex industry and that sex work should be considered as a legal form of labor, thus providing sex workers with just as many rights as other forms of workers. The distinction between prostitution and trafficking is that "trafficking is forced prostitution - where women are unable to make a decision whether or not they will engage in sex trade" (Segrave and Milivojevic, 11).

Here neo-regulationists believe that legalizing prostitution can be beneficial to slowing down the problem of sex slavery and trafficking at all levels. Women who willingly enter prostitution in their home country do so in secrecy because their work is illegal. If anyone is to find out, they would get in trouble with the law. In this illegal market, women become faces without names and lose their identities in society as they are denied job security, healthcare, social security, etc. As mentioned before, they become goods or providers of services as opposed to human beings with rights. It is much easier to coerce someone into sex slavery and trafficking when they are not protected or even recognized by the government and society. Once they have found themselves in sex slavery and trafficking, they continue to fear telling anyone because prostitution is most likely also illegal in the destination country. Not only will they get in trouble for prostitution but also for entering the country illegally. In addition, they are kept in the industry by the traffickers through intimidation, abuse, blackmail, and seizure of passports and other identification.

Another important reason for the difficulty in stopping trafficking is that sex trafficking can be thrown into various legal categories, and the approaches with which to consider sex trafficking differ with each case. Without proper consensus on the issue across the globe, the problems of sex slavery and trafficking will continue. These approaches are categorized into four groups: migration, law enforcement, human rights, and structural, and it depends on how the anti-traffickers view the issue of trafficking. For migration, the problem is one of "unregulated, or 'irregular,' economic migration" (Lindstrom, 48). Law enforcement views "trafficking in human beings as a crime equivalent to trafficking in drugs and crimes," but the approach of human rights looks at trafficking as a violation of the "individual human rights" of women and "emphasizes the violent and coercive nature of the human-trafficking trade" (Lindstrom, 48). Lastly, the structural approach believes that trafficking is a result of the inequalities present in society which allow for a lack of or unequal "distribution of jobs, resources, and wealth" (Lindstrom, 48). Women and traffickers alike are pushed, according to this approach, into this industry as a result of the structure of our society. In addition, many countries tend to punish the women who were trafficked and are lenient on those who did the trafficking. Anti-traffickers tend to follow these approaches to trafficking as opposed to the ones outlined in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children.

Despite the many differences in opinion on how to tackle this issue, some work has been done in stopping or attempting to stop sex slavery and trafficking. The international community, particularly through the United Nations, has adopted several conventions and protocols against both transnational organized crime and trafficking of women and children as has already been mentioned. In addition, the United States has been producing assessments of individual countries' fight against trafficking in the Trafficking in Persons Report (TIP Report), and if a country is deemed to be doing poorly in the fight against trafficking then the United States could withhold or decrease the aid and assistance given to that country. As of the 2006 TIP Report, Bosnia and Herzegovina was considered a Tier 2 country which means that "[t]he Government of Bosnia and Herzegovina does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so" particularly in the areas of law enforcement and victim protection (United States Department of State). Additionally, the United States Department of State recognized and commended Bosnia and Herzegovina for its Anti-Trafficking Strike Force which conducted raids in the past year to save twenty six victims and catch fourteen traffickers.

However, one of the most important forms of cooperation aside from within the country is that among the specific states involved, especially in the case of Bosnia and Herzegovina. For the most part, countries are put into three factions: origin countries, transit countries, and destination countries. Although these countries were clearly defined in the past, there has been such a shuffle in the trafficking that it is now unclear which country is which. In many cases, some countries have taken on multiple roles. Bosnia and Herzegovina is considered a country of origin, transit, and destination. Trafficking originates within the country as women are being sent around the country as well as to Western Europe for sex slavery. In addition, Bosnia and Herzegovina provides a transit for women from Eastern Europe to Western Europe as a well as a destination in itself for women who come primarily from Moldova, Ukraine, Romania, Russia, and Serbia and Montenegro. A method of combating trafficking is by incorporating regional cooperation. The European Union has worked aggressively at combating trafficking by implementing conditional aid to Balkan states based on their progress in combating trafficking. Additionally, cooperation among the Balkan states themselves is essential, as trafficking circulates mainly throughout this area. Although there are disputes over which countries are considered Balkan states, for the most part they include Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, Macedonia, Romania, Serbia and Montenegro, Slovenia, and the European part of Turkey.

Bosnia and Herzegovina is a diverse country of the former Yugoslavia with three prominent ethnic groups, the Bosniaks, the Serbs, and the Croats, as well as three major religions and official languages. It is the second poorest country of the former Yugoslavia with Macedonia being the first which is greatly attributed to the war it endured for several years. In addition to humanitarian assistance within the country following the war, Bosnia and Herzegovina also receives substantial humanitarian aid. However, this has not been enough to ease the economic situation. High unemployment is an unfortunate problem that plagues much of the country and 25% of the population is below the poverty line according to a 2004 CIA World Factbook estimate. Interestingly, despite the poor economic situation, the population remains highly educated and healthy.

After Yugoslavia broke apart in the early 1990s, Bosnia and Herzegovina fell into war until 1995. During these few years, there was a huge increase in violence as is consistent with other wars, but there was also an increase in violence against girls and women. It is estimated that at least 20,000 women were raped during the war, but the number could be much higher due to the failure of reporting rape cases (Coalition Against Trafficking of Women). Rape, because it was so rampant during the war years, is now being considered in the International Criminal Tribunal for Yugoslavia and three Bosnian Serb men were convicted in 2001 of rape, sexual torture, and enslavement. As for the other instances of rape, some cases are being dealt with at the national level, but, as of 1998, only six of twenty seven suspected rapists had been brought to justice. Sex slavery was prominent during these years, but trafficking only emerged in 1995 when the war ended, according to the United Nations Mission in Bosnia and Herzegovina (Human Rights Watch).

Many members of the local police have already been found to be involved in trafficking either by buying women, trafficking them, or failing to report cases of slavery and trafficking, but international companies, United Nations Missions, and United States military all present in the region following the war have also each been found to contribute to the sex trafficking in the country. Refugees International claims that sex trafficking emerged as a result of "the arrival of tens of thousands of predominantly male NATO and UN personnel in the wake of the signing of the Dayton Peace Accord by Bosnia, Croatia and Yugoslavia in 1995. Madeleine Rees, the UN High Commissioner for Human Rights in Bosnia, has estimated that 30% of those visiting Bosnia's brothels were UN personnel, NATO peacekeepers, or aid workers. Other NGO research has suggested that since 1995, 70% of traffickers' income in Bosnia came directly from peacekeepers" (Refugees International). Unfortunately, it seems as if the individuals involved rarely are prosecuted for the crimes they commit. Kathryn Bolkovac, a United Nations police officer employed by a British military services company called Dyncorp which had been contracted by the United Nations, discovered that many of her fellow co-workers at Dyncorp as well as other United Nations police force members had been involved in sex slavery and trafficking. Instead of dealing with the matter, Dyncorp fired her and attempted to cover up the claims, so Bolkovac retaliated by filing a lawsuit against Dyncorp in 2001. This is the second lawsuit against Dyncorp as another one by Ben Johnston, an air mechanic, had already been underway. He had discovered that Dyncorp employees were involved in sex slavery and trafficking and was, subsequently, fired as well. Civilian contractors working for the United States military Stabilization Forces were found to have bought women and girls for the purpose of sexual pleasure; however, they returned immediately to the United States when the allegations were brought forward and saved themselves from both prosecution in Bosnia and Herzegovina as well as the United States which has failed to do anything about the matter. Similarly, members of the International Police Task Force which is part of the United Nations Mission in Bosnia and Herzegovina were also found to be involved in trafficking, but members of United Nations Missions receive immunity from criminal prosecution. Therefore, the United Nations declared that those involved could only be prosecuted in their home country, but none of these countries have done anything. The United States, in particular, has passed a law stating that all citizens serving in Missions abroad receive full immunity even in the United States (Centre for Research on Globalisation).

The problems of sex slavery and trafficking are widespread around the world, but they are problems that are often overlooked by the international community as something that does not happen anywhere near them. It is seen as a problem that happens in the poorest and most uneducated regions of the world. That is partly untrue as seen in the case of Bosnia and Herzegovina. Bosnia and Herzegovina is a country of origin, transit, and destination in the world of sex trafficking, and it provides a transit for even the countries of Western Europe. Even further, the difficult political and economic situations in the country have led to the influx of aid workers and companies from the West. It might be that this economic globalization, the easy transfer of female "goods" from one country to another, is a continued form of exploitation of the West on others. The world might see sex trafficking in Bosnia and Herzegovina as a domestic issue; however, it is the West through globalization that benefits from it and allows for sex trafficking to continue. These aid workers come to the country to help with the humanitarian issues, and, instead, they further violate human rights by engaging directly or indirectly in sex slavery and trafficking. Sex slavery and trafficking in Bosnia and Herzegovina promotes the continued gender differences that exist in most countries. The human rights of women are being violated in this case by men. Of course, globalization is not the sole reason for sex slavery and trafficking in Bosnia and Herzegovina. Other reasons can be attributed to the high unemployment rate, the poor political and economic situations, and its location among some of the poorest countries in Europe where individuals migrate from in search of a better life. However, there is no doubt that globalization has helped sex slavery and trafficking flourish especially in Bosnia and Herzegovina where the problem did not exist until foreigners began entering the country in the mid-1990s.

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