Int. J. Human Rights and Constitutional Studies, Vol. 6, No.

1, 2018 51

Cultural change as a long-term solution for human

trafficking

Adam R. Tanielian*
King Faisal University,
Box 380, Al Hassa 31982, Saudi Arabia
Email: adam.tanielian@gmail.com
*Corresponding author

Tina Brooks-Green
Michigan 34th District Court,
11131 Wayne Rd, 48174,
Romulus, Michigan, USA
Email: tbrooksgreen@hotmail.com

Abstract: This article focuses on the underlying economic and social

conditions that create an environment where trafficking of women and children
occurs. Legal and governmental deficiencies are assessed in source, transit, and
destination countries. This article analyses differences in culture and legal
tradition that impact perceptions and actions on trafficking. Community level,
bottom up action is projected as the most effective means of seriously reducing
trafficking through prevention. Recommendations are made for enhanced
international cooperation, communication, planning, and support. Interagency
engagement at multiple levels is considered integral to continued success. An
aggressive, yet realistic approach to this dynamic crime is proposed, yet the
main onus is left upon the communities most seriously impacted.

Keywords: human trafficking; ASEAN; child sex tourism; statelessness.

Reference to this paper should be made as follows: Tanielian, A.R. and

Brooks-Green, T. (2018) ‘Cultural change as a long-term solution for human
trafficking’, Int. J. Human Rights and Constitutional Studies, Vol. 6, No. 1,
pp.51–69.

Biographical notes: Adam R. Tanielian is an English language Lecturer at the

King Faisal University in Eastern Saudi Arabia. He is a Post-Doctoral Research
Fellow at the National Institute of Development Administration in Bangkok,
Thailand. Since 2005, he has been teaching throughout Asia. He earned a
Bachelor of Science from the Michigan Technological University, and another
from the Mayville State University. He completed postgraduate studies with an
MBA and LLD under foreign visiting professors at the Institute for
International Studies at the Ramkhamhaeng University in Bangkok, Thailand.

Tina Brooks-Green is Chief Judge for the 34th District Court in Michigan. She
received her undergraduate degree from the Eastern Michigan University and
her Juris Doctorate from the University of Detroit Law School. Prior to her
election to the bench in 1994, she served as an Assistant Prosecutor in the
Michigan’s Wayne County and as Assistant Attorney General.

Copyright © 2018 Inderscience Enterprises Ltd.

52 A.R. Tanielian and T. Brooks-Green

1 Introduction

In the past few decades, the rights of women and children have steadily gained public
attention. International news agencies, politicians, law practitioners, NGOs, academics,
and intergovernmental agencies have branded women’s and children’s rights 21st century
issues, and pledged to take steps to improve their lives worldwide. Nations have adopted
numerous treaties focusing specifically on women and children as recipients of
inalienable rights, and these international agreements have generated widespread support
among nations. Despite all of the rhetorical and scripted progress, however, millions of
women and children remain the victims of abuse.
Human trafficking persists as one of the most egregious forms of human rights abuse.
Women and children – those with the least historical social and legal power – are
disproportionately affected by the trade in human beings today (UNODC, 2014a).
Deprivation of the most basic human right – that to freedom from bondage and
ownership – is remarkably prevalent worldwide and the trade is growing in spite of
efforts to eradicate it. Trafficking of women and girls, especially, requires urgent
attention, but at the same time new engagement strategies and tactics are top priorities
considering shortcomings of current approaches. For example, human trafficking persists
in large part because its victims fall through the cracks of civil society. Stateless,
impoverished, disenfranchised, and unincorporated communities are most severely
affected, and their relative obscurity makes police engagement onerous. Despite their
public efforts, governments have been unable to develop remedies to such underlying
legal problems, and there is reason to suspect they will remain incapable over time, so
affected populations will need to examine alternative methods of protection.
This report discusses various aspects of human trafficking, treaties and laws relating
thereto, its victims and participants, past shortcomings and possible future directions for
enforcement. The research aims to first describe the economic, social, cultural, and legal
environments surrounding the trade in people. Disparities between law and practice are
presented through comparison of statutes and prevalence. Risk factors such as poverty,
statelessness, and harmful traditional practices are then discussed. A spotlight on
Southeast Asia shows corruption and incompetence are primary contributory causes of
human trafficking. Finally, a view from the bench introduces ostensible paths toward
achieving greater success in tackling criminal enterprises. Recommendations and
conclusions leave the bulk of the burden on communities, which are called on to get more
actively and directly involved. Whereas promulgation of new laws and policing are
considered maintenance or treatment in the human trafficking pandemic, a cultural
transition is thought to be the only cure.

2 Law and practice

Human rights are addressed by hundreds of treaties and domestic statutes, yet we live in a
world where millions of people are denied the most basic of individual rights: to life, to a
nationality, to safety and security, to protection from arbitrary arrest, to hold and express
opinions, to participate in government, to have a religion of choice, an education,
occupation, and health care. Human rights laws form parts of formal normative ethics in
most societies, but theory and practice diverge significantly for various reasons.
Governments have put forth monumental efforts in chronicling generally accepted
 Cultural change as a long-term solution for human trafficking 53

standards, composing agreements, and promulgating supporting legislation. However,

decimating abuse and injustice is burdensome and writing legal instruments is only the
onset of the process.

2.1 Customary international law and human rights

As outlined in article 38 of the Statute of the International Court of Justice (1946), there
are two primary forms of international law: treaty and customary international law (CIL).
Prior to the end of WWII, there was unsteady agreement that human rights were included
in CIL, due primarily the lack of opinio juris which emerged in the Judgment of the
Nuremburg International Military Tribunal (1947). As part of CIL, states are required to
protect human rights whether or not they are party to a specific treaty, and thus via CIL,
human rights are universally valid and binding.
The term ‘human rights’ was written into the preamble of the Charter of the United
Nations (1945), thereby solidifying the pre-eminence of certain fundamental liberties that
are granted to all people, regardless of frontiers. Although not a treaty per se, the UDHR
(1948) laid the foundation for individual freedoms later framed in multilateral
conventions such as the International Convention on the Elimination of All Forms of
Racial Discrimination (1965), the ICCPR (1966), and the ICESCR (1966). Women’s
rights were realised in the CEDAW (1979). Children also became subjects of human
rights in the CRC (1989). Scores of other treaties have expounded and detailed economic,
social, cultural, political and other rights that stem from the UDHR, UN Charter, and
global commitment to prevent recurrence of historical atrocities like those suffered in
WWII.

2.2 Human trafficking

Trafficking, especially that of women and girls is decried in CEDAW Article 6, CRC
Article 35, and the entire Optional Protocol to the CRC on the Sale of Children, Child
Prostitution and Child Pornography (2001). Trafficking is frequently related to slavery,
which is denounced in UDHR Article 4 and ICCPR Article 8. Slavery is likewise
prohibited under CIL, which has been argued to simultaneously proscribe trafficking in
persons due to the close relationship between trafficking and slavery (UNOHCHR,
2010). The leading standard on these issues is the United Nations Convention against
Transnational Organized Crime (CTNOC) (2001) which, along its optional protocols on
trafficking in persons and migrant smuggling, thoroughly forbids all aspects of trade in
persons. Nearly every country is party to the CTNOC, which requires state parties to
adopt measures to prevent and suppress trafficking while also protecting victims and
witnesses.
In 2014, more than 90% of countries had legislation criminalising human trafficking
(UNODC, 2014a). Despite the abundance of laws pertaining to human trafficking, the
illicit trade is still robust. Statistics on criminal activity are never exact, but reliable
estimates have suggested that there are as many as 30 million slaves around the world,
and about two and a half million people are victims of trafficking at any time (UN News
Centre, 2012; Center for Public Policy Studies, 2013). Sources also suggest human
trafficking is the second largest criminal enterprise worldwide, behind the illicit drug
trade, and the millions of trafficking victims represent billions of dollars for criminal
54 A.R. Tanielian and T. Brooks-Green

organisations who have only stepped-up their efforts in recent years (IRIN, 2007;
Kabance, 2014; UNODC, 2014a; Townsend, 2016; Ventura, 2016).
As trafficking is profit motivated, victims tend to flow from lower income areas to
higher income areas (UNODC, 2014a); for example, victims may flow out of Asia,
Africa, and Latin America and into Europe, North America, and the Middle East. Most
often, incidents occur within the same sub-region, from poorer countries to wealthier
ones. Cases involving domestic trafficking are the second most common type. Sexual
exploitation is the most common reason victims are trafficked; the second most common
type is for manual labour (ibid). Research suggests that restrictive immigration policies in
destination countries have increased the likelihood that migrant workers will fall victim
to human traffickers (ibid; Chuang, 2006). At the same time, open borders such as the
European Schengen zone enable international movement of victims (Rusev, 2013;
Shelley, 2014).

2.3 Sexual exploitation

Shelly (2014) reported that from 2004 to 2011, between 70% and 84% of all trafficking
victims were women and girls. In the same period, women’s share of the total number of
victims fell from 74% to 49% and that of girls rose from 10% to 21%. Those numbers
follow the rise in sexual exploitation of young females, many of whom attract
international tourists to destinations known for illicit sex. Sex tourism is a confluence of
human trafficking, forced prostitution, exploitation of minors, and economics. Countries
whose livelihoods rely on the tourism sector experience high risk of runaway prostitution
economies, regardless of laws or regulations.
In 2015, the travel and tourism industry contributed $7.2 trillion to the world’s
economy, roughly 10% of global GDP. One in eleven people around the world are
employed in travel/tourism. In Southeast Asia, travel/tourism accounted for 12.4% of
regional GDP in 2015 (WTTC, 2016). In Cambodia, between 2010 and 2014,
international tourism represented almost 20% of GDP; in Thailand, it was 10% (World
Bank, 2016). Coincidentally, Thailand and Cambodia are two of the world’s most
popular sex tourist destinations (e.g., Grant, 2015). It may not be surprising to discover
that Netherlands or Switzerland experience high prevalence of sex tourism since
prostitution is legal in those countries, but in Cambodia and Thailand, such is not the case
(IDS, 2016). Open prostitution, including that of minors, is ignored whether legal or not
because it provides income where none other may exist in developing regions that depend
on tourism for significant portions of GDP.
Thailand, Cambodia, Vietnam, the Philippines, and Indonesia together represent half
of the ten-member Association of Southeast Asian Nations (ASEAN). They are also
hotspots for sex tourism (ECPAT, 2008). Intergovernmental sources estimate that sex
tourists account for 40% of international tourist arrivals in the Philippines and 60% of
those in Thailand (Shahabudin, 2008; Rosales, 2011). Though estimates vary as reliable
data is sparse, it is likely that there are more than 2 million children exploited in
prostitution and pornography worldwide, and more than half of them may be in Southeast
Asia (Sivarnee, 2014; Iaccino, 2014; Mertus and Flowers, 2015). Huynh et al. (1993)
found that nearly 1% of children in Thailand were involved in the sex trade.
Boonchalaksi and Guest (1994) surveyed sex workers in Thailand and discovered that
30% admitted to having entered the profession between the ages of 13 and 17, while 55%
said they entered before the age of 20. These findings were consistent with other studies
 Cultural change as a long-term solution for human trafficking 55

in Asia, where one-third to two-fifths or more of all sex workers enter the trade before
attaining adulthood (WHO, 2015).
ILO (1998) estimated that through the 1990s, anywhere between 0.25 and 1.5% of the
Southeast Asian female population was working in prostitution. In the same period, the
ILO suspected between 2% and 14% of the GDP in Indonesia, the Philippines, Malaysia,
and Thailand came from prostitution and ancillary services – more than three times the
value of the trade in illegal drugs (WHO, 2015). Such robust activity in the sex industry
less than two generations ago normalised the practice and entrenched its beneficiaries in
virtually every aspect of society – from politics and policing to banks and small business.
Literature on illegal prostitution presented a dichotomy where opinions either
supported legalisation and regulation or called for further eradication efforts. Considering
the enormous prevalence of prostitution, including that of minors and trafficking victims,
in countries where the flesh trade is wholly outlawed, it is evident that eradication efforts
have thoroughly failed. In a similar vein, calls to legalise prostitution in efforts to better
regulate and track its participants have been resolutely quashed by the vast majority of
legislatures. More than half a century after the first human rights treaties, efforts to curb
trafficking and exploitation have fallen flat. Municipal statutes such as Thailand’s
Prevention and Suppression of Prostitution Act (1996) have been utterly ineffective. The
Thai law criminalises selling but not buying sex, which has been considered the problem
with enforcement, but other countries’ experiences suggest otherwise; rather, it seems
that illicit sex trades flourish regardless of the strength of statutes against them.
Illustrating this point precisely is the USA, which has some of the toughest sex
trafficking laws of any jurisdiction yet also has significant instance of trafficking and
exploitation. UNODC (2014a) reported more than 50 convictions per year and a
conviction rate of 70% in American federal courts – the highest conviction rates in the
region and among the highest in the world. Under the Trafficking Victims Protection Act
(2000), a mandatory minimum sentence of ten years is provided for sex trafficking of a
child aged 14–17, increasing to 15 years for children less than age 14., The PROTECT
Act (2003) mandates a minimum sentence of ten years for enticing or coercing a child
under 18 to engage in prostitution, or for attempting to do so. Despite the harsh penalties
for offenses, BJS (2011) reported more than two thousand cases of sex trafficking opened
between January 2008 and June 2010, about half of which involved minors.
The proliferation of sex trafficking and slavery, in spite of its unambiguously
immoral and illegal status, is testament to its profitability. Smith (2011) reported that the
average cost of a sex slave is less than two thousand dollars each while each generates
nearly thirty thousand dollars annually. Such astronomical returns on investment surely
fuel business in sex-tourist destinations like Thailand – the top destination for trafficked
women and girls in Southeast Asia (ECPAT, 2008). Recent studies have suggested that
more than half of all sex trafficking victims worldwide are in Asia (Smith, 2011;
UNODC, 2014a). Although nations have consistently promulgated and amended laws to
support international conventions, prevalence has only increased and there is no
indication that the near future will produce a fall or even plateau in incidences.

2.4 International cooperation

The numbers of human trafficking and sexual exploitation offenses that occur anywhere
are unknown and impossible to reliably measure. Numbers of prosecutions and
56 A.R. Tanielian and T. Brooks-Green

convictions are, however, public knowledge and to the extent that estimates of prevalence
are trustworthy, court statistics show legal responses occur in less than 1% of all cases
(Polaris Project, 2010; WGBH, 2016), which is an unambiguous failure to protect. Under
the territorial principle of international law, enforcement and adjudication generally occur
where the crime is perpetrated, or in the case of international crimes like human
trafficking, where the last criminal action occurred. Thus, the global community depends
on all nations equally to investigate and prosecute offenders, while in practice only a
handful of more developed countries handle more than a few cases per year (UNODC,
2014a).
UNODC (2014b) reported that, in the ten years leading up to the 2014 release of their
report on human trafficking, there was no increase in global judicial response despite the
increase in criminal activity during that period. While no country is immune to human
trafficking, some 40% of countries have consistently failed to prosecute even one case in
a year (UNODC, 2009, 2014b). UNIS (2015) reported only four countries reported
having ten or more yearly convictions between 2010 and 2012. Unsurprisingly, efforts
worldwide have been called ‘modest’ at best, whereas virtually no countries outside of
the OECD have put forth a strong effort (Cho et al., 2014).
Absent more sustained prosecutions in every nation, there are few options that
interested state parties can pursue in order to accomplish their treaty objectives. Political
pressure can produce some positive results, such as the case of the USA categorising
countries’ anti-trafficking efforts in its annual trafficking in persons report. The United
Nations system and NGOs can also motivate countries to attack the problem more
aggressively, but the powers of media exposure and diplomacy are limited.
Extraterritorial enforcement is yet another route that states can take in efforts to pursue
the cause of human rights within the boundaries of international law. Dozens of countries
have enacted laws that allow the prosecution of nationals for offenses committed in
foreign countries. Few countries, however, have attempted to apply laws
extraterritorially, and all who have tried have also appeared to consider extraterritorial
measures more symbolic than scalable over time (Pascoe, 2012).
Numerous problems exist with extraterritorial enforcement. Double criminality
requirements in countries like Belgium, Estonia, Finland, Italy, and Poland limit the
number of potential cases of offenses against fifteen to 17 year-olds due to different ages
of consent in different countries (Beaulieu, 2008; Hancilova and Massey, 2009). In
countries like Thailand, which criminalise the sale but not the purchase of sexual
services, lack of double criminality may further obscure enforcement efforts. Procedural
and evidentiary complications with extraterritorial application of law give territorial
jurisdiction key advantages, though statistics in sex tourist destinations show low
enforcement rates, thereby making those extraterritorial measures the only option even
though they are likely to fail (Andrews, 2004).
In R.v. Klassen (2008, Para.95) and R.v. Hape (2007, per LeBel J.), Canadian courts
considered child sex tourism as falling within the purview of conventional and customary
international law. The court decided jurisdiction in such cases may be exercised without
the consent of the state in which the offense occurred. Klassen was an important addition
of opinio juris supporting classification of child sexual exploitation as part of CIL, but the
reach of a Canadian court’s decision is limited. Even if courts worldwide followed and
claimed extraterritorial jurisdiction under the nationality or universality principle, police
 Cultural change as a long-term solution for human trafficking 57

agencies where the offenses occurred may not conduct investigations, and evidence may
not be collected or transferred without the territorial state’s consent. Thus, extraterritorial
enforcement is not typically an option inasmuch as extraterritorial adjudication and an
offense which goes unenforced cannot be adjudicated.
Australian Chief Federal Magistrate Pascoe (2012) commented that extraterritorial
laws do not create a deterrent effect due primarily to their low rates of prosecution.
Pascoe referenced R.v. Wicks (2005) – a case involving an offender who travelled to
Thailand with the sole intent of engaging in illegal sexual acts with young boys. Wicks
was completely aware that his behaviour was illegal, but that did not stop him; rather, he
viewed the incidents as mere financial transactions, saying, “they sold it, I bought it.”
Such deadpan views of child sex touristism are the norm among participants from
developed countries, who are probably aware of the criminal nature of their acts. In a
world where, as one offender put it, “buying sex with a 12 year-old is quicker than
changing money” (Schwartz, 2004), enforcement and adjudication are desperately needed
in any jurisdiction under any principle.
Treaties and implementing statutes exist, but the dilemma still exists as to how one or
more states can persuade one or more other states to more resolutely attack human rights
abuses. Sovereign equality and non-interference are fundamental principles of
international law as set in the Charter of the United Nations, and while the Vienna
Convention on the Law of Treaties (1969) requires that state parties carry out their treaty
obligations in good faith, there have yet to be any formal dispute resolution proceedings
pertaining to any human rights treaty. Voluntary compliance is the status quo. Beyond the
honor system of international human rights law, states prefer diplomatic means of
addressing complaints – through the UN, unilaterally (i.e., US State Department
Trafficking in Persons Reports), or as blocs (i.e., European Union statements) – and any
changes on behalf of the party receiving a complaint are still voluntary. In essence, the
international system can develop standards and provide guidance, but all of the action
must occur at the domestic level and each state is entitled to its own precise interpretation
of treaty language, its own strategy, its own approach, and its own level of concern.
The United Nations General Assembly adopted a third Optional Protocol to the
Convention on the Rights of the Child on a Communications Procedure (2011) in
response to the inaction that plagues countries, due largely to longstanding, entrenched
corruption among police, lawyers, and courts (Edelson, 2001). The third optional
protocol, though only ratified by a few countries, provides children and their advocates’
rights to submit complaints directly to the UN Committee on the Rights of the Child.
Generally, individuals are not the subjects of international law (Parlett, 2012), precluding
their potential to complain before international bodies. The third optional protocol allows
victims or other stakeholders to circumvent corrupt or otherwise ineffectual local
government agencies in pursuit of relief. Unfortunately for victims, there is no evidence
that the third protocol will produce any more significant results than the CRC, other
human rights treaties, or domestic statutes already have. Expanded communication and
attention at the international level may, on the other hand, provide the world with a more
in-depth understanding of who victims are, of what their communities are like, and of the
special risks they face, which could result in more effective strategies to prevent crimes
and punish offenders.
58 A.R. Tanielian and T. Brooks-Green

3 Risk factors

People from middle and upper classes do not often fall victim to trafficking, forced
labour, or sexual exploitation. Unfortunately for those less fortunate, the most egregious
human rights violations are usually perpetrated on poor and marginalised segments of the
population. Lack of respect for human life is an implicit feature of these crimes, but
moreover financial gain is the dominant motive. While laws theoretically protect all
persons equally, impoverished and disenfranchised communities typically lack the
enforcement budgets and political influence required to eradicate extreme abuses.
According to the UN (2016), “Poverty is both a cause and a product of human rights
violations.” UNDP (2003) reported that, “poverty is a denial of human rights” and that
poverty itself is a violation of human rights. Offenders simply have greater opportunity
wherever poverty, statelessness, and substandard governments exist. In order to protect
individuals from oppression, certain risk factors must first be recognised and reduced.

3.1 Poverty
Former UN Secretary General Kofi Annan (2001) said, “Wherever we lift one soul from
a life of poverty, we are defending human rights. And whenever we fail in this mission,
we are failing human rights.” Numerous studies have associated poverty with
gender-based violence, human trafficking, modern-day slavery, and sexual exploitation
(Laczko and Gozdziak, 2005; Chuang, 2006; Truong, 2006; Cancedda et al., 2015; US
Department of State, 2016). Such abuses have persisted through all of history and no
comprehensive solution is presently available due in large part to the complex
interrelationships between socioeconomic status, culture, and crime. Recognising these
associated risk factors, state parties to the convention against transnational organised
crime’s protocol to prevent, suppress, and punish trafficking in persons and the protocol
against the smuggling of migrants agreed to take steps to reduce poverty,
underdevelopment and lack of equal opportunity.
At the international level, anti-poverty initiatives have been met with applause. Both
the Millennium Development Goals, introduced in the UN Millennium Declaration
(2000), and the sustainable development goals (UN, 2015) set out to eradicate poverty.
Dozens of treaties have included provisions on eliminating poverty and promoting
associated human rights (UNOHCHR, 2016). Aggregate statistics show dramatic
reductions in the number of people living in extreme poverty – from nearly 2 billion in
the year 1990 to less than 900 million in 2015 (UNDP, 2016). Notwithstanding the merits
of this accomplishment, it seems that it has not been enough. UNODC (2014a) recently
found child trafficking is on the rise worldwide. One point of concern is the low threshold
for poverty by UN standards; merely rising income above $1.25 per day does not
improve quality of life to a standard that fosters high regard for human rights. In order to
eliminate the threats that poverty poses, incomes may have to rise to near or above
American poverty thresholds – roughly $12,000 per year for individuals (USHHS, 2015);
that type of economic miracle is out of the control of governments, and may not be
possible at all.
There are, of course, impoverished communities around the world that have good
human rights records, and wealthier communities where grave violations of rights have
occurred. Poverty is only one dimension of a much larger problem that manifests
disregard for the wellbeing of self, other individuals, and community. Human rights
 Cultural change as a long-term solution for human trafficking 59

begin, and are most appropriately enforced at home, among citizens with a common
vision for their society. “Unless these rights have meaning [close to home],” Eleanor
Roosevelt said reflecting upon the UDHR, “they have little meaning anywhere” (Sears
et al., 2008). An underlying challenge is getting people to understand that whether a
person is poor or rich, human rights are more than abstract concepts discussed at the
United Nations – they are basic, actionable rights granted to every citizen of every nation,
regardless of frontiers; that is, so long as a person is recognised by the state. Human
rights cannot be exercised in cases where there is no legal personhood. While
impoverished citizens hold de jure rights that courts can act upon, stateless people live in
a world without access, and thus live under constant threat.

3.2 Statelessness
Right to a nationality is as basic as right to an identity. The UDHR, ICCPR, CRC, and
Convention on the Reduction of Statelessness (1961) all recognise nationality as a
fundamental human right. Still, there are estimated to be more than 15 million de jure and
de facto stateless people around the world (Bahbha, 2011; Institute on Statelessness and
Inclusion, 2014). Every ten minutes, a stateless child is born (UNHCR, 2015). These
children face institutional discrimination in virtually every aspect of their lives, including
denial of education, healthcare, employment, travel, and legal protection.
UNHCR (2016) has documented 3.7 million stateless people in 78 countries. Of those
cases, around 40% live in Southeast Asia, nearly all in Myanmar and Thailand. The 1982
Myanmar (Burma) Citizenship Law is a prime example of discriminatory legislation –
one of the main causes of statelessness. Article 4 of the Act grants the State Council
power to grant or deny citizenship based on ethnicity. Rohingya Muslims were not
included in the list of recognised Burmese ethnicities under Article 3. As a result, the
government of Myanmar has denied citizenship to the Rohingya people, leaving them
stateless and without protection from serious human rights violations, including torture,
rape, summary executions, and forceful removal from homes (UN News Centre, 2016).
The UN has drafted numerous resolutions and recommendations on the Rohingya, but
Myanmar has yet to take any steps toward providing citizenship or basic freedoms to
these people (General Assembly Resolution 70/233, 2015). The situation in Myanmar
demonstrates how culture, ethnicity, and religion interfere with recognition and
enforcement of human rights worldwide.

3.3 Harmful traditional practices

One of the most disturbing aspects of human rights violations is the fact that abuses are
frequently rationalised under the veil of culture or via the belief that behaviours that have
persisted through history somehow escape the net of moral objection in the present and
future. Female genital mutilation, for example, perseveres solely due to unwavering
support for harmful traditions, particularly in sects of Islam in Africa, although it has also
been reported in Yemen, Oman, Malaysia, and Indonesia (Swensen, 1995). Forced
marriages, honour killings, dowry abuse, and even sex slavery are mistaken for religion
and practiced merely because they have been habits in villages and tribes for generations
(Save the Children, 2016). While most harmful traditions are practiced in isolated and
impoverished communities, no country is entirely resistant.
60 A.R. Tanielian and T. Brooks-Green

CRC Article 19 mandates state parties shall “protect the child from all forms of
physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or
any other person who has the care of the child.” The language is broad in part because
violence against children, including spanking, is a harmful traditional practice. Corporal
punishment is the most prevalent harmful traditional practiced around the world, and one
that some parents and guardians vehemently defend. Despite purported historical and
religious arguments for corporal punishment, Narvaez (2013) said that spanking,
slapping, swatting, whipping, hitting, and other forms of physical punishment are “bad
for all kids.” Numerous studies have shown that corporal punishment harms
psychological development, is associated with higher risk of substance abuse and
criminal behaviour in adulthood, and frequently leads to the child growing up to be a
violent parent (Smith, 2012; Gershoff, 2013; Gershoff and Grogan-Kaylor, 2016).
Children are particularly vulnerable to abuse because they have no legal capacity to
act on their own behalves; rather, adults are entrusted with the responsibility of acting in
the best interest of the child. The CRC at Article 3, like several other treaties and statutes,
discusses the best interest of the child as an overriding standard in child protection.
Unfortunately for children, it is generally assumed that parents and guardians act with the
best interests of the child in mind. In Parham v. J.R. (1979), the United States Supreme
Court commented that, “natural bonds of affection lead parents to act in the best interests
of their children.” Clearly, such is not true in many cases, but court statistics apparently
do not alter perception. So, children today grow up in a world where the adult population
collectively suffered innumerable abuses as children, which leads them abuse the next
generation, and the definition of human dignity is considerably eroded in the process.
Breaking the cycle of transgenerational abuse has proven impossible around the world to
date.

4 Effects of corruption and incompetence

An associated ill of perpetuating harm under the guise of religion and culture is
deplorably inadequate government response to abuse. Numerous studies have found that,
in addition to ignorant and apathetic civilians, corruption is a staple in communities
affected by trafficking and sexual exploitation (Goodey, 2008; Hathaway, 2008;
Dimitrijevic et al., 2015; Kelly, 2015; Heikkinen, 2015; US Department of State, 2016).
Police are supposed to be the people protecting women and children from sexual
exploitation and trafficking, but their complicity in these crimes has been a norm through
centuries [Bartley, (2000), p.162; Andrews, 2004; Sahni et al., (2008), p.223; UNODC,
2011; US Department of State, 2016].
Where corruption and official involvement in abuse is not present, enforcement is
inconsistent. In most areas where trafficking and exploitation proliferate, inadequate
government budgets restrict the extent to which laws can be enforced (Kelly and Regan,
2000; Farrel et al., 2008; Marcus, 2014). Beyond financial constraints, which are largely
uncontrollable, there is also a general lack of political will around the world when it
comes to preventing and punishing incidents of trafficking and exploitation [HRW, 2002;
 Cultural change as a long-term solution for human trafficking 61

Cullen-DuPont, (2009), p.6; Gunderson, (2012), p.88]. In many cases, victims are
pressured to stay silent for fear of safety or reputation. Research has suggested that
authorities themselves may punish victims for making complaints of abuse (UNODC,
2011). Though it is no excuse, victim shaming or punishing may occur because when
local authorities implement and enforce standards, they are frequently viewed as being
“out of step with local culture” (Marcus, 2014), which relates back to the stubbornness of
harmful traditional practices.
The CTNOC and its protocols provide for protection of victims and witnesses at
multiple articles. Although the treaty was nearly universally ratified, victims still face
public agencies that are resistant to accept and properly handle complaints. Worldwide,
millions of victims and billions of stakeholders in affected communities are virtually left
to fend for themselves. Thus, while governments figure out how to become more
effective, underfunded and untrained grassroots movements and community-action
groups have been thrust onto the frontlines, contending with some of the most ruthless
criminals the world has ever encountered.

4.1 Child sex tourism in Southeast Asia

With the exception of Singapore, prostitution is not legal in any ASEAN country.
Procurement and solicitation of adults for the purposes of prostitution are prohibited
under sui generis legislation or penal code in all ASEAN states, including Singapore. All
forms of child sexual exploitation are unsurprisingly criminal offences in ASEAN, where
penalties can include death (Child Wise & AusAID, 2009; Godwin, 2012). Despite the
apparent legal proscription of the sex trade throughout ASEAN, the region remains the
world’s top destination for child sex tourists (Zafft and Tidball, 2010; Johnson, 2011;
UNODC, 2014c).
Unsurprisingly, corruption is endemic in countries where child sex tourism
proliferates (The Protection Project, 2007; Hawke and Raphael, 2016). More concerning,
however, is official complicity. The US Department of State (2016) reported that officials
in Laos facilitated the illicit migration of women and girls into Thailand, most likely for
the purposes of prostitution. Complicity is similarly problematic in Thailand, where
informants and journalists fear retaliation and defamation suits for reporting crimes.
Regional police and military officials have been tied to brothels, trafficking, and
smuggling rings in numerous cases (Friesendorf, 2009; US Department of State, 2015;
Bangkok Post, 2016).
Child sex tourism emerges out of poverty; it cannot survive where there are sufficient
licit economic opportunities. Its patrons are frequently foreigners from the USA or
Europe (Cotter, 2009). Most child sex tourists are not pedophiles; rather, the opportunity
for sexual interaction with a person under age 18 prompts the desire (Orndorf, 2010).
These situational tourists could be deterred if there were threat of enforcement, but with
official involvement and ignorance-for-cash, the trade persists. Regardless of written law
on the matter, without extensive reforms in policing, there is little potential to
significantly reduce the volume of child sex tourism. In order to achieve a more
reasonable level of children’s rights in practice, millions of individuals must voluntarily
cooperate and offer the 3P’s – prevention, prosecution, and protection.
62 A.R. Tanielian and T. Brooks-Green

5 Prevention, prosecution, and protection

Human trafficking, sexual exploitation, violence against women and children, and
moreover human rights violations are cultural and societal phenomena. Statistics show
that modest reductions in ongoing offenses can be made with reactive enforcement, but
this strategy only chisels away the tip of the iceberg. In order to significantly reduce
threat and presence of such atrocities, communities of individuals need to undergo radical
transformations – in the way people think, feel, speak about, and behave with one
another. If the past 50 years is any indication of how effective human rights treaties and
legislation will be in the future, then it appears the only suitable approach is to stop
crimes before they materialise because the laws offer little to no actual protection. In
order prevent these crimes, human life has to take on new meaning to potential offenders,
and individual stakeholders in at-risk communities need to get involved with the issues.
A holistic approach includes public outreach to increase awareness, interaction with
individuals in affected communities, addressing associated harms at all levels of
government, and keeping the interrelationship between issues in mind. Cho et al. (2014)
found compliance with anti-trafficking statutes increases as corruption decreases, and as
women’s rights are held in higher regard. Still, laws alone stand not chance of seriously
reducing human trafficking; instead, local communities must take it upon themselves to
prevent incidents from happening, punish perpetrators, and protect victims.
Judge Tina Brooks-Green of Michigan’s 34th District Court says that when she took
the bench in the mid-90s, the term human trafficking was virtually nonexistent in the
realm of her job duties. Since then, public awareness has increased, which has led to
nationwide campaigns targeting the criminal activity. Unfortunately, Hon. Brooks-Green
said, even though the problem is more well-known, human trafficking remains a difficult
crime to identify in the community.
Local police remain the principle agencies charged with enforcing any law, including
those subject to treaties and national legislation. In Michigan’s 34th District, local police
departments have some involvement with regional trafficking task forces, but those only
target underage victims. Aside from task force activity, investigation of trafficking almost
always stems from narcotics-related incidents, such as overdoses, possession and
distribution arrests, and informants embedded in narcotics trades. In 2016, Judge
Brooks-Green oversaw a theft case; although she suspected the parties involved in the
theft incident were also involved in trafficking, no action could have been taken due to
procedural complications. In some cases, privacy rights and civil liberties can interfere
with investigations.
Due to the complex nature of trafficking crimes and investigations, Hon.
Brooks-Green believes the best path to success is public participation. Human trafficking
is not a crime that she believes can be single-handedly fought by the police. She also
believes that simply talking about the problem without getting involved is not an option.
Awareness is only the first step. Community members must report suspicious behaviour.
A view from bench suggests that government agencies and residents need to work hand-
in-hand to effectively flush out perpetrators and prosecute them.
In order to ensure victims cooperate with authorities where and when complaints are
received, protection is essential following rescue. Physical protection is achievable
provided public budgets or partnerships with charitable organisations are sufficient to
house, feed, clothe, educate or assist in employment, and provide health care for victims
immediately and for one or more years following rescue. However, psychological
 Cultural change as a long-term solution for human trafficking 63

protection presents more significant obstacles in many locations where victims are
blamed or stigmatised insomuch that they may not be willing to corroborate evidence
with prosecutors for fear of being ostracised from their communities. A cultural shift
must take place before many victims feel comfortable admitting that they had been
abused. Coincidentally, this same cultural transition would likely result in greater
community involvement because a community that recognises the innocence of victims
would probably investigate and enforce more frequently.

6 Conclusions

Trafficking, especially of women and girls, occurs at pandemic scale and statistics
suggest the problem is growing. Treaties, statutes, and strategies have been implemented
at all levels of government in attempts to thwart trade in humans, but effects remain
limited. Factors such as public budgets, procedural laws, and culture limit the extent to
which governments can prevent and suppress trafficking. In many cases, trafficking
seems to be a symptom of larger social problems – notably, poverty and statelessness.
Victims of trafficking are frequently unreachable by overworked and underfunded
government agencies. The complexity of the crime leaves governments ill-equipped to
combat it without significantly more involvement on the part of civilians in at-risk
communities.
While the trend toward more exact recognition of women’s and children’s rights is
fundamental to success, social and cultural beliefs are the material out of which that legal
transition is manufactured. Presently, cultures of inaction and avoidance on the issue of
human trafficking present the most significant impediments to progress. Whereas
international treaties have been nearly universally adopted, and thus municipals laws in
support of women’s and children’s rights have become ubiquitous throughout the world,
the day-to-day lives of civilians have not kept pace. Community members have yet to
organise sufficient preventative measures to assist police in the fight against human
trafficking. Neighbours and witnesses to crimes remain silent; possibly out of fear of
retaliation, or maybe out of pride. Victim-shaming is still prevalent; victimised
communities still fear they might ‘look bad’ if complaints are submitted more often.
Theories of human rights may originate at international or supranational organisations
like the United Nations or European Union, but those planning bodies have no direct
authority in the places where crimes occur. Local police remain the primary agents of
enforcement. In order to investigate and make arrests, those police need multiple
cooperating informants in the public. Voluntary participation in public safety occurs
when people feel a sense of responsibility and connectedness to others in their
communities. Respect for human rights, generally and universally, precedes elective
engagement with law enforcement. Currently, that concern for the life and welfare of
others is lacking, as is the will to take independent action to ameliorate social harms.
Absent a cultural shift in favour of altruistic protection of the rights and freedoms of
others, human trafficking may not be reduced; rather, it may continue to increase.
Macro-level changes are slow-moving, difficult if not impossible to control, and
require a fair amount of luck along with planning. Suggesting a cultural transition as a
preferred means of achieving a crime reduction target may seem escapist, or like an
attempt to shirk responsibility, but given the facts at hand it seems like the only
64 A.R. Tanielian and T. Brooks-Green

remaining option that can come close to eradicating the problem. The authors of this
research wholeheartedly support expanded legislative protection of human rights,
enhanced tactical law enforcement, tough prison sentences for offenders, and more
developed protection systems for victims. At the same time, the researchers found no
reason to believe prevalence of human trafficking can be reduced by half or more within
any foreseeable time frame without broader sociocultural change.
Public and private agents can support the aforementioned cultural paradigm shift
through outreach and education initiatives. Sustained engagement of private citizens by
governments and NGOs is required to achieve victory in the long run. Considering that
trade in human beings has existed for thousands of years, decimating the practice will be
a transgenerational process. Thus, attrition is a natural enemy of the suppression strategy.
In the opinion of these authors, the most realistic means of nearing any extirpation
objective is for stakeholders to dig in their heels and prepare for a lifelong battle. There is
no panacea. No written law will have miraculous effect; rather, incremental change can
perpetuate through consistent pressure. In summary, human trafficking can be drastically
diminished, but only through the good faith, integrated, conscious efforts of billions of
individuals. While it may feel like a lackluster conclusion, true change can only transpire
when the people themselves rise up and take action. Hopefully, that time is soon.

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