Travel Agency: A Critique of
Anti-Trafficking Campaigns
Nandita Sharma
Abstract
This paper offers a critical
evaluation of anti-trafficking campaigns
spearheaded by some in the feminist
movement in an attempt to deal with the
issues of unsafe migrations and labour
exploitation. I discuss how calls to
"end trafficking, especially in women
and children" are influenced by – and go
on to legitimate – governmental
practices to criminalize the self-willed
migration of people moving without
official permission. I discuss how the
ideological frame of anti-trafficking
works to reinforce restrictive
immigration practices, shore up a
nationalized consciousness of space and
home, and criminalize those rendered
illegal within national territories.
Anti-trafficking campaigns also fail to
take into account migrants’ limited
agency in the migration process. I
provide alternative routes to
anti-trafficking campaigns by arguing
for an analytical framework in which the
related worldwide crises of displacement
and migration are foregrounded. I argue
that by centering the standpoint of
undocumented migrants a more
transformative politics emerges, one
that demands that people be able to
"stay" and to "move" in a
self-determined manner.
Résumé
Cet article propose une évaluation
critique des campag-nes contre la traite
des femmes menées par certaines per-sonnes
appartenant au mouvement féministe, et
cela dans une tentative pour résoudre
les problèmes de migra-tions dangereuses
et d’exploitation des travailleurs. J’ex-amine
comment les appels pour « arrêter la
traite, spécialement des femmes et des
enfants » sont influencés – et servent à
légitimer – aux pratiques gouvernemen-tales
visant à criminaliser la migration
volontaire des gens qui voyagent sans
permission officielle. Je démontre
comment le cadre idéologique anti-traite
sert éventuelle-ment à renforcer des
pratiques plus restrictives en ma-tière
d’immigration, à la nationalisation des
notions d’espace et de domicile et à
criminaliser ceux qui sont rendus
clandestins à l’intérieur des
territoires nationaux.
De plus, les campagnes contre la
traite ne prennent pas en considération
le peu d’influence des migrants dans le
mécanisme de la migration. Je propose
des voies alterna-tives aux campagnes
contre la traite, en demandant la mise
sur pied d’un cadre analytique qui
donnerait une place de première
importance aux crises mondiales jumelées
aux déplacements et à la migration. Je
soutiens, qu’en ra-menant le point de
vue des migrants sans-papiers au centre
de la discussion, on arrive à une
politique qui acquiert un pouvoir de
transformation et qui requiert que les
gens aient le droit de « rester » et de
« circuler » à leur gré.
Introduction
T
here is no
doubt that the issues addressed by
anti-trafficking campaigns are in urgent
need of attention: unprecedented levels
of migration, unsafe migration
practices; the exploitation of migrants;
and the growing use of migrants as
unfree, indentured, or even enslaved
labour.
However, anti-trafficking campaigns
are unable to remedy these concerns.
This is in part because the framing of
these grave problems as one of
"trafficking" or criminal "smuggling"
assumes that the affected migrants are
moved against their will and that the
"trafficker" is the main culprit in
their exploitation.
1
Such a framing of the problem leaves
many crucial questions unasked,
questions such as: What are the
conditions from which migrants are
moving? How are most people
53.
able to migrate if not
with the assistance of smuggling
operations? What are the labour market
options currently available for
migrants, particularly undocumented
ones?
What are the factors that expose
undocumented migrants to heightened
vulnerability within nationalized labour
markets? How are the (im)migration
regimes of national states implicated in
this?
I will try to show that far from
helping migrants, especially women and
children who are the main focus of many
anti-trafficking efforts,
anti-trafficking and/or anti-smuggling
campaigns exacerbate the conditions that
cause harm to migrants. They do so
because one of the key underlying
motives of these campaigns is to
restrict the mobility of migrants,
particularly undocumented movements of
people.
Indeed, deeply embedded within the
anti-trafficking and anti-smuggling
discourse and practice are anti-immi-grant
sentiments expressed best in the idea
that migrants are almost (if not) always
better off at "home." This is evident in
both official and feminist definitions
of trafficking. Since feminist
organizations are at the forefront
world-wide in initiating and sustaining
public campaigns against trafficking it
is important to examine their
assumptions.
The most widely used definition of
trafficking within such campaigns was
jointly arrived at in 1999 by the Global
Alliance Against Traffic in Women (GAATW),
the Foundation Against Trafficking in
Women, and the International Human
Rights Law Group (IHRLG) based in the
U.S.
A significant aspect of it states
that to be considered trafficked a
person would have to be exploited,
abused and deceived "…in a community
other than the one in which such person
lived at the time of the original
deception, coercion or debt bondage."2
There are two main
problems with such a definition.
First, it makes the fact of
migration the overriding concern and
problem. Exploitation "away from home"
is con-ceptualized as a separate problem
from exploitative and/or untenable
economic relations "at home." This
structures knowledge of "home" in
particular ways. Exploitation comes to
be identified with people’s movements
abroad and loses its moorings from the
organization and expansion of capitalist
social relationships wherein people’s
labour is alienated. In the process
"home" is left naturalized and therefore
depoliticized as a site where harm is
also done to persons. As a result, the
fact that capital is accrued and
accumulated through employers’
appropriation of a portion of workers’
labour power is concealed. Moreover, the
fact that people often move because they
have been dislocated from their homes is
left unaddressed by the romanticization
of being "at home."
By making migration the
problem, it is assumed that migration is
something that is inherently damaging.
As Bob Sutcliffe has pointed out,
"migration tends to be regarded as
something which is both exceptional and
undesirable" by both academic
researchers and, I would add, by many
migrant-rights activists.3
By problematizing
migration it-self, we are led away from
a discussion of the socially organized
conditions of both people’s
displacement and subsequent migration
and the structuring of a contemporary
Global Apartheid through national (im)migration
regimes.
The problematization of the migration
of undocumented people also fails to
address why certain people’s mobilities
are celebrated (those of tourists,
intellectuals and members of
non-governmental organizations (NGOs),
for example) while those of Others is
seen as detrimental. Secondly, this
influential definition of what
constitutes trafficking fails to account
for the reality of the current worldwide
crisis of displacement, the
proliferation of ever-increasing
restrictive immigration policies that
prevent the majority of migrants from
ever realizing full status in the
countries and labour markets they
migrate to, and the intensified
expansion of global capitalist markets
over the last quarter-century.
To address these important issues, I
argue that we need to jettison the
anti-trafficking and the anti-smuggling
discourse and the national and
international governmental practices
that such discourses organize.
Anti-trafficking campaigns need to be
replaced with a political practice that
actually listens to and privileges the
standpoint of undocumented migrants.
Undocumented migrants the world over
have some fairly uniform and
well-articulated demands: an end to
practices of displacement, the opening
of national border regimes and the
labour markets organized through them,
and an end to discrimination based on
one’s nationality.
These are precisely the politics that
have been taken up by the growing group
of No Borders activists in the Global
North and South.
An approach that is grounded in the
material lived realities of migrants
makes for a far more transformative
practice, I believe, than an emphasis on
the abusive practices within
criminalized networks of smuggling in
persons.
Rather than calling for an end to
trafficking or smuggling, taking the
standpoint of migrants compels us to
deal with the reality that such illicit
movements are the only ones available to
the majority of the world’s displaced
people.
As a preliminary attempt to begin our
discussion of clandestine movements of
people from the standpoint of migrants
rendered "illegal," this paper is
grounded in the accounts of women who
arrived on four separate boats from
China and landed on the west coast of
Canada in the summer of 1999. All 599
migrants on these boats arrived without
legal documentation and with the
assistance of
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54.
smugglers whom they
pre-paid and/or became indebted to for
their journeys. Officials of the
Canadian state captured all 599
migrants. All those arriving on the last
three boats, including children, were
automatically detained in Canadian
jails, some for well over a year.
I worked with some of these women
migrants in my capacity as a member of a
feminist organization committed to
advocating for them.4
I was able to
speak to a number of these women through
the aid of a Mandarin feminist
interpreter who worked closely with
those women from the first boat who were
living outside of jails in the
Vancouver, BC, area as well as those
detained at the Burnaby Correctional
Centre for Women. By drawing on their
accounts of migration, the Canadian
"justice" and immigration systems, and
their thoughts on various strategies
used by feminists to help them, I
critically assess the conceptualization
of trafficking in the fields of both
governmental and feminist discourses.
This, it is hoped, reveals some of the
processes that make these women amongst
the most vulnerable of people within
Canadian society, particularly in its
nationalized labour market. It may also
help us to formulate better strategies
to work in solidarity with undocumented
migrants.
By looking at issues of power between
advocates and migrants within feminist
discourses of trafficking, my analysis
examines some of the often-overlooked
aspects of the question of trafficking
in women. In particular, I critically
examine both the official and feminist
representations of "trafficked"
"victims" and how anti-trafficking
campaigns collude with national state as
well as international political agendas
that frame trafficking solely in terms
of illegal migration. I further examine
how the representation of undocumented
women migrants solely as victims helps
to legitimate the criminalization of
their (and others’) migrations.
By discussing the ways in which
migrant women’s narratives challenge
accepted notions of victimhood, I hope
to bring to the fore the ways in which
the international regime of nationalized
borders creates the conditions for the
proliferation of dangerous migrations.
My findings will suggest that when
moral panics of illegal migration,
border control, and heightened
criminality of migrants are
deconstructed, a serious disjuncture
emerges between women’s accounts of
migration and the dominant rhetoric of
trafficking. Indeed, by critically
evaluating the fissure between certain
anti-trafficking campaigns and the
experiences of undocumented women we
find that women within the two groups
are often not fighting for the same
thing. This paper, therefore, asks
whether it is possible that the actual
intended utility of anti-trafficking
campaigns is not to serve the interests
of migrants but to function as an arm of
border control? If so, the issue is
really how it has chosen to represent
its objectives as humanitarian, thereby
sustaining support for an inherently
oppressive project from many progressive
people.
Global Processes of Displacement and
Cross-Border Migration
Today, accelerating processes of
globalization are leading to an
unprecedented level of displacement.
Practices that dislocate people include
those that destroy and/or immiserate
rural economies; mega-"development"
projects, such as hydroelectric dams;
resource extraction projects of mining,
drilling, and excavating; adoption of
market-centred economies; trade
liberalization; privatization; the
structural adjustment programs of
international lending institutions; and
war and militarization. Practices such
as these have been shown to destroy both
livelihoods and ecological integrity and
have led to a dramatic rise in both the
absolute and relative rise of poverty
and homelessness the world over.
5
The displacement of people is
organized through the co-ordinated
interplay of actions taken by
capitalist investors, national state
leaders, and members of international
bodies. Investors continuously "prowl
the globe," to use
Cynthia Enloe’s term, and use past
and new rules of inter-national
investment for opportunities to accrue
profits and cheapen labour forces.
6
Currently, more
people than ever before have been
"embraced" by capitalism through the
destruction of what was left of their
non-market self-sufficiency. This is,
perhaps, the core of the meaning of
processes of globalization: the
planetary hegemony of capitalist social
relations.
National states fund both private and
public projects that displace people.
For example, the Canadian state is a
major funder of the largest dam project
in the world: the almost completed Three
Gorges Dam Project on the Yangtze River
in China.
7
Private capitalist
interests based in Canada are also
heavily involved. Many of the
engineering designs, computer systems,
and turbine generators for the dam are
being provided by firms operating in
Canada.8
It is estimated that this
dam has already displaced and will
continue to displace upwards of two
million small-scale farmers and other
residents.9
International bodies, such as the
International Monetary Fund (IMF) and
the World Bank (WB), not only fund these
mega-development projects but with other
bodies, like the World Trade
Organization (WTO), enforce the spread
of capitalist social relations, require
austerity programs (often to be
implemented by all-too-willing national
governments), and impose trade
sanctions. Together, capital investors,
national states, and international
governing regimes bring to life Margaret
Thatcher’s old campaign slogan that
"there is no alternative" to capitalist
market development.
A Critique of Anti-Trafficking
Campaigns
55.
The result? The
displacement of hundreds of millions of
people both outside of and within
nationalized spaces.
Within China alone, those displaced
by the Three Gorges Dam are joined by an
estimated 200 to 300 million people
migrating within the country in the
search for new livelihoods because of
the turn towards the capitalist
market-place in both the countryside and
the city. The dual process of
proletarianization and urbanization is
taking place throughout Asia, Eastern
Europe, Africa, and South and Central
America.
Studies by urban geographers document
how by the year 2005 at least half of
the world’s population will be living in
urban centres.10
This will be a
first in human history. Yet, urban
centres have proven incapable of
providing a livelihood to the majority
of people displaced from rural
communities.
A recent ILO study, "Global
Employment Trends," estimates that about
180 million people through-out the world
are completely jobless.11
According to the
same report, this is a growth of over 20
million unemployed persons since 2000.
Hundreds of millions more are
under-employed or employed in informal
economies.
One major consequence of the crisis
of displacement is the exponential
increase in levels of cross-border
movements of people. In the year 2000,
over 150 million people were engaged in
international migration.12
This is a doubling
of the figures from the mid-1980s and
this number is expected to double again
by the end of this decade.
Significantly, those countries which
have experienced the highest rate of
direct capitalist investment in the
manufacturing and service sectors are
among those that also sustain the
highest rates of emigration.13
To put this into perspective, about
1.5 billion people have crossed
nationalized borders over the last
decade alone. In absolute numbers, which
are arguably important, this rate of
migration is more than that which
occurred in the nineteenth and early
twentieth centuries: the great "age of
mass migration."
14
Significantly, in
contrast to the migrations of a century
ago when most migration was out of
Europe, most cross-border migrants today
are from the Global South.15
Contemporary migrations from Global
South to North reflect the very real
concentration of wealth in the North.
One indicator of this is the United
Nations Development Plan’s estimate that
at least $500 billion in wealth is
transferred from the South to the North
every year.
16
Indeed, spatial
disparities in prosperity and peace are
the driving force of contemporary
migrations. It is well documented that
one of the main reasons migrants move
towards the Global North is for the
economic advantages that employment and
remittances of wages in highly valued
currencies may provide for them and
their communities.17
The response to such spatial
disparities by national states within
the Global North (where 70 per cent of
all trans-national corporate
headquarters and the United Nations
(UN), the IMF, WB, and WTO are
headquartered) has been the imposition
of draconian immigration restrictions. A
plethora of these have been put into
place. The Schengen Treaty, signed by
European Union (EU) members in 1985,
neutralized internal borders between
member states, thereby enabling the free
circulation of goods, capital, services,
and people classified as citizens.
Alongside these border liberalizations,
attempts to reinforce the external
borders of the EU have been made through
greater policing and surveillance levels
on the outer rim of the EU and through
the harmonization of the migration
policies of member states. By presenting
the migration of non-EU citizens as a
major "problem," the Schengen treaty has
created a consciousness, if not actual
practice, of a fortified Europe
buttressing itself against its
non-European Others.
The harmonization of restrictive
national (im)migration regimes extends
beyond Europe and covers the whole of
the Global North.
18
In Canada since
the early 1970s, the period widely
regarded as the start of the latest
phase of globalization, it has become
increasingly difficult to immigrate
to Canada, that is, to move to
Canada and receive permanent
residency status. Each successive change
to Canada’s Immigration and Refugee Act,
culminating in a dramatic overhaul in
June of 2002, has had the result of
limiting the numbers of people who are
eligible to be admitted as permanent
residents – the first step to gaining
formal citizenship status.
Despite these changes, however,
people keep coming.
And of course they will. In every
period of known human history, people
have migrated from where life-sustaining
resources are not available to where
they are. People have crossed oceans,
deserts, and mountains and will continue
to do so. So if ever more restrictive
immigration policies in the North have
not actually restricted people’s
migrations, then what exactly are they
intended to accomplish? The answer that
emerges must be: a decline in the
number and proportion of people coming
as immigrants (with permanent residency
status) and an increase in the
numbers and proportion of migrants
categorized by national states as either
indentured temporary (or "migrant")
workers or as so-called "illegals."
19
I argue that this is not a
coincidence but a highly predict-able
and intended outcome of the current
accelerating processes of growing
displacement and migration.
20
Border controls –
and the moral panics that drive them –
have very little to do with stopping
movements of people.21
Instead, they work
to make those who do cross the
line incredibly vulnerable within
the spaces defined as "belonging" to
members of the "nation" and protected by
"their state." In
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other words,
ever-increasing restrictive immigration
policies do not work to restrict
people’s movements but to create a group
of people completely vulnerable to
exploitation in the workplace; a
population of workers that benefits
employers by providing them a cheapened
and weakened alternative to "legal"
workers.22
Such restrictions are particularly
significant for women migrants. Women,
especially those from the Global South,
have always had the most legal barriers
placed against their ability to access
and gain full, legal status within the
Global North. This is often due to the
fact that official entrance criteria
rely upon and replicate the unequal
access that women have had to formal
education, skills training, and capital.
23
Women generally
come to the North classified either as
"dependents" of their husbands or
fathers, as "temporary" indentured
migrant workers or as "illegals."
Most come in the latter two categories
and as a result are rendered highly
vulnerable in the labour market and in
all other parts of their lives.24
The retooling of immigration policies
therefore needs to be analyzed as part
of how labour markets within the
Global North have been restructured in
an attempt to once again be "attractive"
to capitalist investors.
25
This is, of
course, unsurprising, given that women
of colour currently embody a
"competitive advantage" of capitalists
seeking the highest return of profit
from their investments. (Im)migration
policies that reproduce women’s labour
market in-equality reflect the gendered
international division of labour that
makes use of Third World and negatively
racialized immigrant women as the most
"flexible" workforce in the
restructuring of capitalism both
globally and within nationalized labour
markets. Further restricting women’s
access to permanent status, particularly
within the context where more women have
become international migrants than ever
before, is therefore a strategy for
re-attracting capital to the country.26
The use of illegalized workers and
indentured, migrant workers, including
sex workers, has historically been – and
remains now – an integral part of how
capitalism is done in Canada and cannot
rightly be perceived to be an aberration
from the establishment of liberal
democracy for "citizens."
27
Instead, the re-emergence of these forms
of labour exploitation and the fact that
they are both organized and legitimated
through Canadian (im)migration policies
are a reflection of a growing Global
Apartheid based on nationality.
28
It is the internationally recognized
and legitimated "right" of national
states to place people within
differential categories of membership in
the "nation" that allows them to legally
deny permanent or citizenship status to
the vast majority of migrants.
29
In fact, the
creation of disparities between citizens
and non-citizens is how concepts of
"citizenship" work within the global
system of national states.
In reality, throughout the history of
national states there have never existed
"citizens" without the
concomitant existence of those who have
been Othered as "non-citizens."
30
They exist as mutually constitutive
state categories. Employers benefit
enormously from using people as
"migrant" or "illegal" workers. Many
employers deliberately employ those with
a non-permanent and non-citizen status
to maximize control and profits.
31
That is, it is not
just a case of their being the only
labour force available – though that can
be a factor. Instead, there are specific
advantages to the employer if the worker
is a migrant.
Employers therefore work with the
state to ensure a steady supply not just
of any bodies but of bodies branded as
"temporary" or as "illegal."
32
Citizenship
politics, then, by denying a large
number of people any rights and
entitlements through their
categorization as non-citizens, operate
as tools of labour market restructuring.33
It is within this
context that we need to discuss the
issue of trafficking or smuggling in
women. Indeed, as Anderson and O’Connell
Davidson point out, "the factors behind
demand for migrant labour pose problems
for notions of coercion and consent that
those engaged in debates around
trafficking must engage with."34
Realizing the
crucial importance of the creation and
maintenance of juridico-legal national
borders enables us to analyze
immigration regimes that foster the
legal, economic, social, and physical
vulnerability of women who come to be
labeled as "trafficked." It is
important, in this regard, to note that
anti-trafficking measures target only
those moving without state per-mission,
sans papiérs, assuming that those
moving with legal documentation are not
deceived, coerced, or abused, either in
their own journeys or within the
countries they come to immigrate to.
Anti-trafficking campaigns, how-ever, do
not address the denial of nationality
status as the main factor in creating
conditions of vulnerability of
undocumented migrants. Stopping such
movements or "reintegrating trafficked
victims" to their "home society" is the
overriding goal.
Criminalizing Undocumented Border
Crossers
National states in the Global North
and international bodies, such as the EU
or the UN, have discursively and legally
associated trafficking with illegality
and with organized crime. Borders have
been presented as a site through which
criminality is able to seep into the
national state. In this respect, the
implementation of border protection
schemes has been endorsed as a pivotal
measure to regain "control" over Our
space. As the President of the EU stated
recently, "[b]etter management of the
Union’s external border con-
A Critique of Anti-Trafficking
Campaigns
57.
trols will help in the
fight against terrorism, illegal
immigration networks and the trafficking
in human beings."35
This is similar to the approach
adopted by the UN. It its 2000
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women
and Children and the 2000 Palermo
Protocol Against the Smuggling of
Migrants, the issues facing
undocumented migrants have been situated
not within the apparatus dealing with
issues of human rights but within the
Convention Against Transnational
Organized Crime. This has led some
to argue that the last concern of such
measures is the migrant her/himself.
Indeed, as Francois Crépeau states:
"[t]he Protocol Against the Smuggling
of Migrants is aimed at combating
what all countries qualify as a
‘plague’: the uncontrolled immigration
that is not selected according to the
needs and interests of the receiving
State…"
36
Indeed the two
Protocols against trafficking and
against smuggling need to be under-stood
as part of the next step in the
establishment of barriers
preventing large numbers of migrants
from moving with any semblance of
entitlements and rights.
The UN Protocols extend the border
control projects of the Northern
national states that have imposed visas
for most, if not all, countries in the
Global South and Eastern Europe, carrier
sanctions, "short stop operations,"
training of airport or border police
personnel, lists of "safe third
countries," lists of "safe countries of
origin," readmission agreements with
neighbouring countries that form a
"buffer zone," immigration intelligence
sharing, reinforced border controls,
armed interventions at sea and military
interventions.
37
The return "without undue or
unreasonable delay" of the so-called
trafficked or smuggled migrant remains
the ulti-mate objective of the
Palermo Protocol (article 18). Its
main objective is not the protection of
individual migrants but both the
containment of their movement and their
expo-sure to heightened vulnerability
once residing within a particular
national state. Cynthia Meillon has
pointed out that this objective also
appears to dominate the UN’s Beijing
Plus Five document (a follow-up to
examine whether governments have
fulfilled the commitments they made when
signing the 1995 Beijing Declaration and
Platform for Action).
38
Far from trying to protect people harmed
during their illicit migrations, the
UN’s two Protocols and its
Beijing Plus Five document provide
measures for national states to combat
undocumented migrations. Hence,
assistance to national governments to
"reintegrate" (i.e., deport)
sup-posed victims of trafficking to the
countries they have left (paragraphs 70b
and 96c) is their overarching concern.
Importantly, unlike many UN
declarations and agreements, the ones
addressing trafficking and smuggling
have been integrated into many national
states policies. Canada has included
Article 6 of the criminalization of
smuggling activities of the
Palermo Protocol in its new, and
erroneously named, Immigration and
Refugee Protection Act. This new Act
provides for a possibility of
imprisonment for a maxi-mum of two years
on a summary conviction or fourteen
years on indictment for smuggling less
than ten persons and life imprisonment
for smuggling a group of ten persons or
more or for disembarking illegal
migrants at sea.
39
Significantly, the Canadian state
does not have to prove that harm to
persons or damage to property took place
in order to secure a life sentence: the
simple act of moving ten or more people
across borders without state permission
is sufficient. Indeed, immigration
lawyers and other advocates for migrants
have informally reported to me that the
Canadian government is attempting to
prosecute people for acts of smuggling
(which includes the securing and passing
of forged identity documents) engaged in
by family members or NGOs. The state has
made it clear that it can and will
prosecute cases in which people were
smuggled for humanitarian reasons under
its new law. Crépeau argues that such a
law-and-order approach to dealing with
undocumented migrations is particularly
hypocritical.
40
The drafters
portray the smuggled migrants as
potential victims, not to actually
assist them in their survival strategies
but to garner legitimacy for the state’s
criminalization of migrants who use
smugglers and the scapegoating of the
latter as the cause of people’s
migrations.
If certain migrants can be labeled as
"trafficked," it seems, then specific
policy measures to initiate deportation
measures can be mobilized with little
outcry from the general population and
even some (im)migrant advocates. Such
legitimation strategies are perhaps most
evident in regard to women who are
identified as "victims of trafficking."
This is especially the case for women
working in the sex industry. Deborah
Brock argues that, "[b]y clamping down
on prostitution involving migrant women,
the police and the Canadian legal system
are presented as actually working in the
best interests of the women involved, by
protecting them from traffickers."
41
Kara Gillies adds
that,
"[It is therefore of] …great
concern that… [recent ]changes to
immigration and refugee law make
specific references to the
trafficking of women and children
for sexual purposes as part of the
platform for why we need to tighten
our borders. It seems to me a very
deliberate ruse to garner support
from otherwise liberal thinking
people for an extremely [racialized]
and regressive immigration policy."
42
The priority of establishing law and
order at the border evident within
national and international practices
further exacerbates the conditions that
cause harm to undocumented migrants.
Making it increasingly costly for
smugglers to move people, by
militarizing and patrolling routes
Volume 21
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of clandestine
migrations or by making the legal
penalties of smuggling greater, has not
proven effective in stopping people’s
migrations. Instead, such measures only
lead to higher fees being charged and to
even more unsafe routes of migration. By
criminalizing any support offered to
assist a person’s undocumented movement
across nationalized borders, the
possibility of not-for-profit groups
becoming involved in moving people also
becomes highly fraught with danger.
By ignoring the reasons – and
responsibility – for why people begin
their clandestine journeys and by making
the stopping of smuggling its top
priority, the "get tough on traffickers
and/or smugglers" approach further
serves the ideological purpose of wholly
eclipsing the fact that people’s
displacement is caused by economic,
political, or social forces controlled
by the complex interactions of
transactional corporations, national
states, and international bod-ies.
Moreover, the reality that, aside from
profit-making smuggling rings, there is
very little ability for people to
migrate, is ignored.
As a result of the failure to address
these systemic causes and effects, the
actual lives of migrants are made
unimportant. Indeed, it can be argued
that anti-trafficking campaigns, by
relying upon and further mobilizing
nationalist ideas of "homelands,"
actually work to strengthen the state,
strengthen nationalist ideas of
entitlement for "citizens" and
punishment for "non-citizens" and
strengthen the profit-making capacities
of capital investors. Through these
efforts, legitimacy is gained for
securing a growing group of people who
through their classification as "illegals"
can be exploited precisely because
of their lack of nationality status.
In this there is collusion between
anti-trafficking NGOs who wish to define
women migrants moving sans papiérs
as "trafficked" and the state and
regional and international bodies who
also want to do so. Determining that a
particular woman has been trafficked
enables the state to deport the woman
while appearing to be helping her. Of
course it does not hurt the funding
opportunities for the NGOs embarking on
anti-trafficking campaigns either since
continued funding often rests on
producing a good record on how many
women have been "rescued" by the group.
The Trope of Violence within
Anti-Trafficking Campaigns
The discourse that associates
trafficking with violence is perhaps key
to its legitimacy as the dominant
analytic frame for comprehending certain
people’s migrations, especially those of
women and children. As Rutvica
Andrijasevic states,
…the topic of violence
points to the complexity of the
production of the victimhood
narrative: its plot lends itself for
manipulation because it is already
available within the mainstream
discursive scenario on trafficking
but, simultaneously, its
appropriation feeds into and further
sustains the dominant rendering of
trafficking in terms of crime and
violence.
43
The appropriation of the experiences
of violence had by migrants works to
feed into and sustain the dominant
rendering of trafficking in terms of
crime and violence.
44
The use of previously "trafficked"
women relies on covering over the
reasons why women may foreground the
violence of the smugglers and not the
violence of the practices leading to
their displacement or the violence of
state immigration regimes that force
them into criminalized routes of
migration. For instance, in many
countries, including Canada, the state
demands of women that they prove their
victim status, and often testify in
court against the smuggler and secure a
conviction against him/her, in order to
apply for and receive a special
residence permit for trafficked persons.
45
It is important to stress that
presenting one’s self as a victim is
indispensable for a woman attempting to
obtain the right to remain in the
country. Many women’s stories of
ill-treatment at the hands of
traffickers need to be under-stood
within the context of the state having
criminalized the very activities that
both she and the smugglers are engaged
in together. For example, given that
prostitution is either illegal or not
fully decriminalized, a woman can not
say that she knew full well that she was
coming to the U.S. or Canada to work as
a sex worker without admitting her guilt
at committing a criminal offense. Only
by claiming to have been kidnapped,
lured, or misled into working as a sex
worker can she expect any help from most
women’s organizations or the state. Now,
no doubt, certain movements of people,
particularly undocumented movements, are
inculcated with violence.
For those migrants who do experience
various levels of violence in the
migration process, we need to be very
clear in identifying the factors leading
to this. This is not generally what
anti-trafficking campaigners do. Two
things are often overlooked. First, many
recent studies show that in the majority
of cases smuggling is a service handled
without violence. Indeed, a recent
report by the Solicitor General of
Canada has acknowledged that migrant
smuggling does not have a significant
violence generation impact.
46
The smuggler’s role
characteristically ends with the
de-livery of the individual safely to
the particular stage of the journey the
smugglers are handling.
47
Indeed, a report
by the ILO (2002) discusses how many
smuggling operations are "…sometimes
difficult to distinguish from legitimate
A Critique of Anti-Trafficking
Campaigns
59.
work of travel
agencies or labour recruitment agencies
and may include assisting migrants with
obtaining a passport, visa, [and] funds
for traveling (travel loans)…" In this
regard, the Canadian Council for
Refugees has stated that: [p]eople
smuggling, despite its evils, has also
been life-giving. It has made it
possible for significant numbers of
people to flee persecution and reach a
place of asylum when no government was
willing or able to offer an escape
route. It has allowed them to exercise
their human right to seek and to enjoy
in other countries asylum from
persecution (Article 14, Universal
Declaration of Human Rights). For
others, smugglers have offered a way out
of a situation of misery and an
opportunity for a new life of dignity.
Even some of the people who are
trafficked, knowing the wrongs of their
situation of bondage, may still prefer
it to what they left behind, either for
themselves or for what it enables them
to do for family members. This of course
does not in any way justify the abuses
perpetrated by the traffickers. But it
is relevant to any discussion about
solutions to the problem of trafficking.48
Yet, all these forms of smuggling
have been rendered illegal by the
Canadian state. This is in part because
the word "smuggling," when used to
equate symbolically the smuggling of
persons with the traditional smuggling
of goods, has become devoid of its
intricate human element.
49
This works to
conceal precisely those situations where
we should insist on knowing why there is
a lack of safe alternatives available to
those needing to escape a number of
(politically, economically, and/or
socially) violent situations. The
narratives of victimization and
criminality within the ideological
framework of trafficking, then, organize
a contemporary moral panic that
discloses the dissymmetry of power
relations within a system of Global
Apartheid where member-ship in the North
remains elusive for all but a few and
are especially restrictive for the
majority of people from the South.
Yet, instead of acting on how the
clandestine movement of people has its
roots in the global capitalist system
with its nationalized border control
regimes, anti-trafficking campaigns
actively look to state authorities
to combat and sup-press trafficking.
The assumption of the illegal and
criminal nature of trafficking or
smuggling enables anti-trafficking
campaigns to put forward an agenda
calling for measures to combat it
through heightened border patrols or
more punitive measures for traffickers
and/or smugglers. Thus, tighter control
over the borders, stricter immigration
laws, and more punitive criminal laws
are called upon as indispensable
measures to rescue migrants.
The Standpoint of Undocumented
Migrants
My interviews with twenty-four women
from China who were smuggled to the west
coast of Canada in the summer of 1999
counter such calls, however. The lived
experiences of these women suggest that
rather than traffickers and smugglers,
the greatest barriers to their equality
within the borders of the Canadian
national state are national borders,
visa regimes, and restrictive
immigration regulations whose goal is to
criminalize their movements and make
them increasingly vulnerable within
Canada by classifying them as "illegal."
None of the women I interviewed would
have qualified for immigration as
permanent residents to Canada through
the points system, family reunification
program, or refugee determination
system. These avenues were made
completely inaccessible to them. For all
of the women I was able to interview,
entering Canada via smuggling systems
was the only means of travel and
migration. This reflects other studies
that show that the majority of "illegal"
entrants to countries in the Global
North make use of criminalized groups to
facilitate their travel.
50
Unsurprisingly,
then, not one of the women I interviewed
articulated the demand to "end
trafficking."
Instead, without exception, the
ability to stay in Canada (or the U.S.)
legally, to work, make and save
wages paid in Canadian (or U.S.) dollars
and to be reunited with their family
members, either in China or in North
America, were the most consistent
demands they expressed. Yet, many (but
not all) migrants’ rights activists or
feminists active as their closest
advocates were unable to fully
understand this and incorporate this
into their practice.
Calls for punitive measures to
further criminalize the smugglers who
helped these women realize their
survival strategy were often
articulated. Any serious questioning of
an (im)migration regime that created the
conditions for their unsafe journey or
their vulnerability once inside Canada
was rarely articulated (and when done
so, was usually articulated by those
critical of the "anti-trafficking"
frame-work). Such responses by activists
allows us to see just how
anti-trafficking campaigns offer support
for more restrictive immigration
policies in the name of exposing the
criminal "trafficker" and/or "smuggler."
However, contrary to the idea that
women are always forced or coerced by
traffickers into illegal migration, many
of these women saw the smugglers as the
people who most helped them.
51
Their biggest fear
was not of the smuggler but of the
Canadian immigration officials who would
re-turn them to their point of
departure, forcing them to start anew
their journey for new livelihoods. Being
labeled a "trafficked" woman and
"reintegrated" back "home" to China was
amongst the last things these women
wanted.
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Indeed, it appears
that the greater coercion faced by these
women in their migration journey was
being returned.52
Significantly, once the women
interviewed had been captured by the
Canadian state, it was imperative for
them to claim refugee status rather than
claim to know that they were coming to
Canada to work as undocumented workers,
especially if they came to work within
the sex industry. Once in jail,
revealing the reasons for embarking on
these journeys to state officials (and
by extension to those feminists who
could see the sex industry only as a
place of violence) would only serve to
jeopardize their claim. After all,
having a so-called ‘bona fide’
refugee claim requires that the
applicant prove that she has been
politically persecuted. Of course,
this is more of an indictment of the
refugee determination system than of the
women forced to fit themselves into its
narrow confines. After all, proving that
one is impoverished and in desperate
need of a new livelihood does not get a
person refugee status in Canada. The
majority of the women whom I interviewed
were well aware of the severe
limitations of the current refugee
determination system.
For the minority of women in this
group (five out of twenty-four) who
either had been sex workers in China and
planned to be doing so in North America
or for those women who did not work in
the sex industry in China but planned to
do so in Canada, it was clear that
entering this industry was part of their
survival strategy. As for the other
women who sought other forms of work
within capitalist economies, seeking
work as a sex worker was a means to an
end. For these women, migration to
Canada (or the U.S.) for work in
prostitution was part of a project
designed to lead them out of poverty and
a general sense of malaise over their
futures.
53
In my experience as an
activist working within a feminist group
trying to "help" these women, many of
the advocates were unable to accept sex
work as part of the women’s planned
migratory project. Instead, like many
anti-trafficking groups, it was insisted
that all engagement with the sex trade
was violent and coerced and the only
reason any of the women migrants would
engage in such activities was out of
fear of the traffickers/smugglers.54
In the end, all of the twenty-four
women I had an opportunity to interview
were deported from Canada. Because of
the highly criminalized character of any
subsequent journeys they may embark on,
I have not been able to maintain contact
with them. Suffice it to say that none
of them was happy to be "reintegrated
back into their home society" as one
would expect of "trafficked" women who
had "…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" as the UN
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women
and Children would lead us to
expect.
Conclusion
I have shown how, fundamentally,
anti-trafficking campaigns serve to
enforce nationalized border-regimes and
tighten immigration regulations by
legitimating the interception and
deportation of undocumented migrants.
Yet, it is also important to recognize
how the "help trafficked victims"
approach intersects with the state
project of "getting tough on migrants"
to shore up the legitimacy of the
national state as it continues to aid
the operation of global capitalism.
It is, in part, through state
categories of illegality that the both
the social and legal meaning of
"foreigner" is materiaized within
Canada. People named as "illegals"
become the very embodiment of the
foreigner in that the state is seen to
be legitimate in denying them all the
protections and entitlements (labour
market and so on) supposedly offered to
the citizenry. The deep lack of
solidarity across and through national
borders manifests itself in such
actions, since the state is able to
garner great legitimacy in cracking down
on "illegal" migrants.
Thus, not only do illegalized workers
reap greater profits for employers, they
also enable the national state to
perform its role as the protector of the
citizenry. I argue that these are not
contradictory phenomena but how the
global sys-tem of capitalism has been
reproduced through the equally global
system of national states. Indeed,
constructing mi-grants as "illegal" in
the Canadian labour market is part of
the rationality of ruling during this
period of globalization.
Categories of legal and illegal
workers reproduce the rationality of
nationalizing labour markets. It helps
to make common sense of the notion that
the labour market in Canada belongs
to Canadians alone. The notion that
We ought to have more benefits than
Others do is therefore presented as
positive, even progressive, and most
certainly natural. I argue that this is
one of the underlying, yet always
implicit, principles of anti-trafficking
campaigns and their deep concern that
people stay at "home." Yet, at the same
time, anti-trafficking campaigns
ostensibly aim to prevent undocumented
migrations or "reintegrate" undocumented
migrants to their "home" countries.
This is not a contradictory
phenomenon, however. Instead, the
establishment of anti-trafficking
campaigns amidst the largest crisis of
displacement in documented human history
enables the national state to secure a
highly vulnerable workforce of "illegals"
for employers while allowing the state
to present itself as acting for the
citizenry. In the process, the state is
re-invented as the natural, even demo-
A Critique of Anti-Trafficking
Campaigns
61.
cratic, body that
empowers the nation to act. The security
of the national state is assured.
Categories of legality and illegality
are, therefore, deeply ideological. They
help to conceal the fact that both
those represented as foreigners and
those seen as Canadian work within the
same labour market and live
within the same society.
Ironically, then, the rendering of
certain people as illegalized Others
within Canada creates the "cheap" labour
force that government and state
officials argue they are protecting Us
from.
The policy arena of immigration,
then, is one of the key avenues for
"nation"-building and state formation.
Organizing differences between groups of
people within the nation- state
is a cornerstone of the ongoing
importance of state power. In this
regard, I argue that growing
international movements of capital and
people do not create the conditions for
the erosion of the state but for
its persistence.
The recognized right for national
states to enforce universally
established mechanisms to regulate
people’s mobility across nationalized
borders helps to legitimize state power
used against those rendered as Other
within the confines of nation-states
and weaken those with inferior
membership status.
Concepts of citizenship, then, rather
than working to progressively expand the
rights and entitlements of people living
in nationalized spaces, are the
ideological cement that holds the
repressive power of state practices in
place. In regard to the construction of
"trafficked victims," citizen-ship
"quietly borrows" from the fictive
community of the nation in order to
restructure the labour market in Canada.
It is therefore a matter of utmost
urgency that we jettison the use of
anti-trafficking discourses and reject
the practices that such discourses
promote. Instead of calling for greater
state intervention in regard to
undocumented movements of people
embarking on journeys of survival, it is
crucial that we see how anti-trafficking
measures not only contribute to the
criminalization of undocumented migrants
but that they also provide a much-needed
rationale for "getting tough on illegal
migrants."
As it stands, illegalized migrants
already constitute some of the most
vulnerable and exploited people within
nationalized labour markets. This
reality will not change by assuming that
criminalizing migration is tantamount to
ending practices of displacement or
ensuring safer routes of migration. If
we truly wish to end practices of
dislocation, make migration safer and
end the conditions that make migrants
vulnerable in all areas of their lives,
we need to shift the focus back to the
everyday lived realities of the
migrants, especially women and children,
that are purportedly being helped by
them.
First and foremost, we need to
recognize that the label of "trafficked
person" "erases many women’s active
participation in the daily survival of
their families and themselves. It
renders their labour invisible."55
We need to begin
from the standpoint that women migrants,
including migrant sex workers, have some
agency, even within constrained options.
It is precisely by looking at the
choices that are taken away and those
that are left to undocumented migrants
that we can understand the systems of
ruling that organize their everyday
lived reality. Thus, we need to
challenge not only smugglers who move
people for personal profits but also
capitalist social relations that
displace people and render them
vulnerable within nationalized spaces.
Moreover, we need to critically
examine state practices that are able to
legally, and with great legitimacy
amongst the citizenry, discriminate
against people on the basis of
nationality. A nationalist consciousness
of "home" is the ideological foundation
for organizing contemporary forms of
Global Apartheid. Thus, we need to
challenge the assumption that "home" is
profoundly linked to nationalized
territories; that "society" is
coterminous with national states. It is
the nationalizing of "home" and
"belonging" that leads to the acceptance
of differential rights and entitlements
for people on the basis of whether they
are categorized as members or
non-members.
As an alternative to anti-trafficking
campaigns and as a profound challenge to
various apartheids, it is crucial we
recognize that borders have never
worked to contain capital, only people.
For example, countries, like Canada,
that believed, at least rhetorically, in
national control over capital
investments within its confines,
also supported capitalists engaged in
imperialist practices outside of
its borders. We thus need to reject the
notion that border control practices are
necessary for the protection of the
"nation." Instead, it is necessary that
we recognize that they are necessary for
the protection and profitability of
capital. The (im)migration regimes of
national states are one of the key
vehicles through which such competition
is organized.
Thus, one very concrete way to
strengthen the position of migrants is
to reject the power of the state to
differentiate amongst "citizens" and
"foreigners" and to determine who can
move with rights and who cannot. In
other words, we need to extend the field
in which we fight for social justice
beyond the boundaries of the "nation"
and the territorial state. We need to
ensure that all persons in the world are
equally entitled to the benefits
currently enjoyed by an (ever-shrinking)
few.
Such demands are the cornerstone of
the growing movements of No Borders
activists and their networks located
throughout and across the Global South
and North. In general, such
movements have developed an integrated
Volume 21
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3 62.
politics which
accounts for the need to end people’s
displacement worldwide, to ensure that
people are freely able to move and that
pro-migrants politics are deeply
connected to indigenous peoples’
struggles for traditional land and
self-determination for all.
Our hope in achieving these goals
lies in the power of our imaginations.
After all, the most dangerous kind of
colonialism is one that colonizes minds
as well as bodies. Therefore, the
strongest, most effective movements
against colonialisms are those that are
able to clearly imagine a world without
the structures, institutions, and
consciousness imposed through such
practices.
An important example of how a
decolonized imagination is mobilized is
that of Harriet Tubman, "conductor" of
the Underground Railway. This network of
smugglers helped thousands of Black
slaves move away from slave-holding
regions in the U.S. to the northern U.S.
or into Canada. Such a movement of
people foregrounded the lived realities
and demands of enslaved Blacks and
rejected both the laws that enslaved
them and that restricted others’ ability
to act in meaningful solidarity with
them. Today, Tubman would be classified
as a smuggler and, if success-fully
prosecuted under the 2002 Canadian
Immigration and Refugee Protection Act,
be imprisoned for life.
I argue that in the struggle to
ensure safe passage for migrants the
lesson of the Underground Railroad is
this: we must support and create our own
routes of migration for people needing
to move. By lending support to networks
for moving people and ensuring their
safety, we take the impetus from those
who only move people for personal
profit. In this we must challenge laws
that tell us that smuggling will be
punished by life sentences and in some
places, such as the U.S., death
sentences,56
corporal
punishment, and huge fines.
Notes
1. I use "scare quotes" around the
terms "trafficking" and "smuggling" to
signify that I wish to reader to
interrogate, rather than accept, their
taken-for-granted character. For the
remainder of the paper, however, I will
forgo this practice but wish to continue
to alert the reader about the
problematic assumptions embedded within
these terms.
2. "Human Rights Standards for the
Treatment of Trafficked Persons,"
online: International Human Rights Law
Group (IHRLG) <http://www.hrlawgroup.org/resources/content/IHRLGTraffickin_tsStandards.pdf>
(date accessed: 13 Feb-ruary 2003).
3. Bob Sutcliffe, "Migration and
Citizenship: Why Can Birds, Whales,
Butterflies and Ants Cross International
Frontiers More Easily than Cows, Dogs
and Human Beings?" in Migration and
Mobility: The European Context, ed.
S. Ghatak and A. Showstack Sassoon (New
York: Palgrave, 2001), 67.
4. As I am more interested in
discussing how some of the practices of
this group were organized through the
discourse of "anti-trafficking," the
focus of my paper is on this discourse
and practice rather than on the specific
actions of this one group. I leave this
group unnamed because I do not see it as
exceptional but rather as typical of
those feminist groups that
unproblematically accept the ideological
frame of trafficking.
5. International Labour Office (ILO),
"Getting at the Roots: Stopping
Exploitation of Migrant Workers by
Organized Crime" (International
Symposium, The UN Convention Against
Transnational Organized Crime:
Requirements for Effective
Implementation, Turin, Italy 22–23
February 2002), 3.
6. Cynthia Enloe, Bananas, Bases
and Beaches: Making Feminist Sense of
International Politics (London:
Pandora, 1990).
7. In just one example since 1994,
the Canadian government’s Export
Development Corporation has lent the
Chinese government approximately $200
million to build the Three Gorges Dam.
"Who’s Behind China’s Three Gorges Dam,"
online: Probe International Homepage
<http://www.nextcity/com/probeinternational’ThreeGorges/who
.html > (date ac-cessed: 19 April 2001).
8. Rod Mickleburgh, "China Diverts
Mighty Yangtze to Cheers," The Globe
and Mail, 10 November 1997; "Who’s
Behind China’s Three Gorges Dam,"
online: Probe International Homepage
<http://www.nextcity/com/probeinternational’
ThreeGorges/who .html > (date accessed:
19 April 2001).
9. "Major Problems Found in Three
Gorges Dam Resettlement Program,"
online: International Rivers Network
<http://www.igc.apc.org/hric/reports/3gorges.html>
(date accessed: April 12, 2001).
10. "Urban Population Continues to
Grow," online: College of Earth and
Mineral Sciences (EMS), Pennsylvania
State Uni-versity. <http://www.ems.psu.edu/info/explore/Urban-Pop.html>
(date accessed: 15 February 2003).
11. International Labour Office,
"Global Employment Trends," Geneva,
2003, ISBN 92-2-113360-5. 2003.
12. United Nations Population Fund,
The State of World Population
(New York: UN Population Fund, 2001).
13. Saskia Sassen, The Mobility of
Labor and Capital: A Study in
International Investment and Labor Flow
(New York: Cam-bridge University
Press, 1988), 15.
14. T. Hatton and Jeffrey G.
Williamson, The Age of Mass
Migration: Causes and Economic Impact
(Oxford: Clarendon Press, 1998).
15. Bob Sutcliffe, "Migration and
Citizenship." To put this into broader
historical perspective, it needs to be
noted that self-directed emigration from
European colonies was banned by colonial
powers throughout the nineteenth and
much of the twentieth centuries. Of
course European colonial powers
forcibly moved people from Africa as
slaves prior to this period and
facilitated the movement of people as
"coolie" or indentured labourers from
Asia (mostly China and India)
through-out the nineteenth century to
colonies controlled mostly by the
British. A Critique of
Anti-Trafficking Campaigns
63.
16. Vandana
Shiva, Biopiracy: The Plunder of
Nature and Knowledge (Toronto:
Between the Lines 1997), 11.
17. International Labour Office (ILO),
"Getting at the Roots: Stopping
Exploitation of Migrant Workers by
Organized Crime" (International
Symposium, The UN Convention Against
Transnational Organized Crime:
Requirements for Effective
Implementation, Turin, Italy 22–23
February 2002).
18. Ibid.
19. Nandita Sharma, "’Race’, Class
and Gender and the Making of
‘Difference’: The Social Organization of
‘Migrant Workers’ in Canada,"
Atlantis: A Women’s Studies Journal
(Special Issue: "Whose Canada Is It?
Immigrant Women, Women of Colour,
Citizenship and Multiculturalism") 24:2
(Winter 2000b): 5–15.
20. Ibid.
21. Stuart Hall defines a "moral
panic" as existing: [w]hen the official
reaction to a person, groups of persons
or series of events is out of all
proportion to the actual threat offered;
when "experts," in the form of police
chiefs, the judiciary, politicians, and
editors, perceive the threat in all but
identical terms, and appear to talk
"with one voice" of rates, diagnoses,
prognoses, and solution; when the media
representations universally stress
"sudden and dramatic" increases (in
numbers involved or events) and
"novelty" above and beyond that which a
sober, realistic appraisal could
sustain; then we believe it is
appropriate to speak of the beginnings
of a moral panic. See Paul Gilroy,
"There Ain’t No Black in the Union
Jack": The Cultural Politics of Race and
Nation (Chicago: University of
Chicago Press, 1987).
22. Nandita Sharma, "Is Citizenship a
Useful Concept in Social Policy Work?
Non-Citizens: The Case of Migrant
Workers in Canada," Studies in
Political Economy 69 (Autumn 2002).
23. Yasmeen Abu-Laban, "Keeping ‘em
Out: Gender, Race, and Class Biases in
Canadian Immigration Policy," in
Painting the Maple: Essays on Race,
Gender, and the Construction of Canada,
ed. V. Strong-Boag, S. Grace, A.
Eisenberg, and J. Anderson (Vancouver:
UBC Press, 1998).
24. Nandita Sharma, "’Race’, Class
and Gender and the Making of
‘Difference’: The Social Organization of
‘Migrant Workers’ in Canada."
25. Saskia Sassen, The Mobility of
Labor and Capital.
26. Nandita Sharma, "’Race’, Class
and Gender and the Making of
‘Difference’."
27. Nandita Sharma, "The Making of
Citizen Self and Non-Citizen Other:
Canada’s Non-Immigrant Employment
Authorization Programme," in
Globalization and Its Discontents,
ed. S. McBride and J. Wiseman (London:
Macmillan, 2000a), 129–42.
28. Anthony Richmond, Global
Apartheid: Refugees, Racism, and the New
World Order (New York: Oxford
University Press, 1994).
29. Nandita Sharma, "On Being Not
Canadian: The Social Organization of
‘Migrant Workers’ in Canada,"
Canadian Review of Sociology and
Anthropology 38:4 (November 2001):
415–39.
30. Nandita Sharma, "Is Citizenship a
Useful Concept in Social Policy Work?"
31. Bridget Anderson and Julia
O’Connell Davidson, "Trafficking: A
Demand-Led Problem?" 2003 Report
published by Save the Children Sweden,
Sida and the Ministry for Foreign
Affairs Sweden, online: <www.rse/bookshop>
(date accessed: January
15, 2003).
32. Nandita Sharma, "The Social
Organization of ‘Difference’ and
Capitalist Restructuring in Canada: The
Making of ‘Migrant Workers’ through the
1973 Non-Immigrant Employment
Authorization Program (NIEAP)," Ph.D.
dissertation, On-tario Institute for
Studies in Education at the University
of Toronto, 2000).
33. Nandita Sharma, "The Making of
Citizen Self and Non-Citizen Other."
34. Bridget Anderson and Julia
O’Connell Davidson, "Trafficking: A
Demand-Led Problem?"
35. "Presidency Conclusions Leaken
European Council," No. 42 as cited in
Rutvica Andrijasevic, "The Difference
Borders Make: (Il)legality, Migration
and Trafficking in Italy among Eastern
European Women in Prostitution" in
Uprootings/ Regroundings: Questions of
Home and Migration, ed. S. Ahmed, C.
Castaneda, A. Fortier, and M. Sheller
(forthcoming: Berg, 2003).
36. Francois Crépeau, "The Fight
against Migrant Smuggling: Migration
Containment over Refugee Protection," in
The Refugee Convention at Fifty: A
View from Forced Migration Studies,
ed. J. van Selm et al. (Boston:
Lexington Books, 2003).
37. Ibid. Also see
International Labour Office, "Getting at
the
Roots."
38. Cynthia Meillon, "References to
Trafficking in the Beijing + 5
Document," in Holding on to the
Promise: Women’s Human Rights and the
Beijing + 5 Review. ed. C. Meillon
(New Brunswick: Center for Women’s
Global Leadership, 2001).
39. Bill C-11, Article 117:3; Crépeau,
"The Fight against Migrant
Smuggling."
40. Ibid.
41. Deborah Brock, Kara Gillies,
Chanelle Oliver, and Mook Sutdhibhasilp,
" Migrant Sex Work: A Roundtable
Analysis,"
Canadian Woman Studies 20:2
(2000), 87.
42. Ibid.
43. Andrijasevic, "The Difference
Borders Make."
44. Scenes for instance where a
person identified as previously
"trafficked" is asked to relive her
experiences, to denounce trafficking in
order to convince audience members of
the need to support a particular
organization’s anti-trafficking (and
usually anti-prostitution) campaign or
even when she is not asked to speak to
her experiences of being "trafficked"
but to talk about how she became active
in "anti-trafficking" measures.
45. Ibid.
46. As cited in Crépeau, "The Fight
against Migrant Smuggling."
47. Ibid.
48. "Migrant Smuggling and
Trafficking in Persons," online:
Canadian Council for Refugees Homepage
<http://www.web.net/~ccr/traffick.html>
(date accessed: 20 February 2000).
Volume 21
Refuge Number
3
64.
49. Crépeau,
"The Fight against Migrant Smuggling."
50. International Labour Office,
"Getting at the Roots," 2.
51. This was also found by Ko-Lin
Chin, Smuggled Chinese: Clan-destine
Immigration to the United States
(Philadelphia: Temple University Press,
1999).
52. See Ibid. for a discussion
on how many "returned trafficking
victims" almost immediately renew their
attempts to secure jobs in the Global
North soon after being returned.
53. Andrijasevic, in "The Difference
Borders Make," came to a similar
conclusion in the context of sex workers
migrating to certain European countries.
54. Tellingly, an "employment
committee" established by some feminist
advocates working with these women tried
to place some of the women living
outside of the prisons in jobs within
the garment industry. One of the least
paid occupations within Vancouver, this
was seen by these advocates as a viable
alter-native to the sex industry for
these women migrants.
55. Brock et al, " Migrant Sex
Work."
56. Ko-Lin Chin,
Smuggled Chinese.
Nandita Sharma is an assistant
professor in the Department of Sociology
and Anthropology at the University of
Windsor, Ontario, Canada. She is also a
co-founder of Open the Borders!, a group
committed to seeking justice for
migrants. A Critique of Anti-Trafficking
Campaigns
65