University of Ghana http://ugspace.ug.edu.gh TRANSNATIONAL HUMAN TRAFFICKING AND ITS SECURITY IMPLICATIONS FOR AFRICAN COUNTRIES: A CASE STUDY OF GHANA BY ALFRED AKOTO DARKO (10274197) THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2018 ii University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that this dissertation is the result of an original research conducted by me under the supervision of Dr. Peace A. Medie and that apart from other works, which are duly acknowledged no part of it has been submitted anywhere else for any purpose. ………………………………….. …………………………… ALFRED AKOTO DARKO DR. PEACE A. MEDIE (STUDENT) (SUPERVISOR) DATE: ……/……/……………. DATE: ..…./……/……………... i University of Ghana http://ugspace.ug.edu.gh DEDICATION This work is dedicated to my mother, Mrs. Paulina Ansah and sister Natasha Ansah for their unflinching support during the period of this course ii University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGEMENTS I first thank the Almighty God for His divine grace and for seeing me through this course. My profound appreciation also goes to my supervisor, Dr. Medie whose professional guidance and corrections greatly improved and ensured the completion of this study. I am also grateful to Superintendent Mike Baah, the Director of the Anti-Human Trafficking Unit of the Ghana Police Service, Chief Superintendent Officer Pamela Cudjoe, the Director of the Migration Bureau of the Ghana Immigration Service and Mr. Jones Owusu Yeboah, the Chief Executive Officer of SEWA Foundation for finding time out of their busy schedules to provide me with responses that greatly supported this study. I further express my sincere appreciation to all my family members and friends for their support and encouragement during the study. My final appreciation goes to my colleagues both at work and in school who supported me in diverse ways throughout my stay at LECIAD. iii University of Ghana http://ugspace.ug.edu.gh ABBREVIATIONS ACHD African Centre for Human Development AHC Ateneo Human Rights Center AHSTIP Anti-Human Smuggling and Trafficking in Persons AHTU Anti-Human Trafficking Unit AU African Union CTW Coalition against Trafficking in Women DEA Drug Enforcement Administration ECOWAS Economic Community of West African States GAATW Global Alliance against Trafficking in Women GPS Ghana Police Service GIS Ghana Immigration Service ICC International Criminal Court ILO International Labour Organization IOM International Organization for Migration INTERPOL International Police Organization IPEC International Programme on the Elimination of Child Labour L.I Legislative Instrument MOGCSP Ministry of gender and Social Protection NGO Non-Governmental Organization OSCE Organization for Security and Cooperation in Europe TIP Trafficking in Persons iv University of Ghana http://ugspace.ug.edu.gh UN United Nations UNICEF United Nations Children’s Fund UN.GIFT United Nations Global Initiative to Fight Human Trafficking UNITAR United Nations Institute for Training and Research UNDP United Nations Development Programme UNODC United Nations Office on Drugs and Crime US United States UN United Nations WFCL Worst Forms of Child Labour WHO World Health Organization v University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENTS DECLARATION…………………………………………..……………………………. i DEDICATIONS………………………………………......……………………………… ii ACKNOWLEDGEMENTS…………….………………………………………………. iii LIST OF ABBREVIATIONS……………………..…………………………………… iv TABLE OF CONTENTS……………………………..…………………………….…… vi ABSTRACT…………………………..…………………………………………………… .ix CHAPTER ONE RESEARCH DESIGN 1.1 Background to the Research………………………………………..……………… 1 1.2 Statement of the Research Problem…………………………………..……………. 3 1.3 Research Questions………………………………………………………………… 5 1.4 Objectives of the Study ………………………………….………………………… 6 1.5 Scope of the Study ………………………………………….…………………….. 6 1.6 Rationale of the Study……………….…………………………………………….. 7 1.7 Hypothesis of the Study…………………………………………………………… 7 1.8 Conceptual Framework……………………………………………………………. 7 1.9 Literature Review………………………………………………………………….. 10 1.10 Sources of Data and Research Methodology……………………………………… 19 1.11 Arrangement of Chapters………………………………………………………….. 20 1.12 Endnotes …………………………………………………………………………… 22 CHAPTER TWO HUMAN TRAFFICKING: CAUSES IN DEVELOPING COUNTRIES AND GHANA’S SITUATION 2.0 Introduction……………………………………………………………...…….…… 25 2.1 Types of Human Trafficking………………………………………………..…….. 25 2.1.1 Trafficking for Labour Exploitation ………………………..…………… 25 2.1.2 Trafficking for Sexual Exploitation………………………………….…….. 27 2.1.3 Trafficking for the Removal of Organs……………………………..……... 27 vi University of Ghana http://ugspace.ug.edu.gh 2.1.4 Child Trafficking……………………………………………………...…………....28 2.2 Key Players in Human Trafficking……………………………………………….. 30 2.2.1 Victims……………………………………………………………….…….. 30 2.2.2 Traffickers…………………………………………………………………. 31 2.2.3 Users……………………………………………………………………… 32 2.3 Causes of human Trafficking ……………………………………………………… 33 2.3.1 Poverty ………………………………………………………………….. 33 2.3.2 Globalization……………………………………………..……….………...35 2.3.3 Lack of Women’s Rights……………………...……………………………..36 2.3.4 Lack of Awareness ……………………………………………………….. 37 2.4 Other Sources Specific to the African Context……….…………………………… 38 2.4.1 Weak Legal Framework………………………………………..………….. 38 2.4.2 Conflict……………………………………………………….……………… 39 2.4.3 Perversion of Cultural Traditions……………………………………….…. 40 2.5 The Case of Ghana………………………………………………….……………… 40 2.6 Conclusion……………………………………………………….………………… 43 2.7 Endnotes …………………………………………………………..………………. 44 CHAPTER THREE SECURITY IMPLICATIONS OF HUMAN TRAFFICKING IN GHANA 3.0 Introduction………………………………………………………..…….………… 47 3.1 Security Implications of Human Trafficking …………………………………….. 47 3.1.1 Human Security…………………………………………………...…….…..48 3.1.2 Security Implications on the State…………………………………………. 49 3.1.2.1 Corruption of State Officials………………………………………………..50 3.1.2.2 Terrorism…………………………………………………..…..…...……….51 3.1.2.3 Money Laundering…………………………………………….……………52 3.1.2.4 Drug Trafficking……………………………………………..…………… 52 3.2 Anti trafficking Policies…………………………………………………………… 53 3.2.1 The Constitution…………………………………………….……………… 54 vii University of Ghana http://ugspace.ug.edu.gh 3.2.2 Criminal Codes……………………………………………..……………… 54 3.2.3 The Immigration Act, 2000 (Act 573) …………………………………….. 55 3.2.4 The Human Trafficking Act, 2005 (Act 694) ……………………………… 56 3.2.5 International Conventions……………………………………………….. 57 3.3 Ghana’s Coordination with Other States.…………………………………………...59 3.4 The Role of Civil Societies…..………………..……………………..…………….. 60 3.5 Challenges in Fighting Human Trafficking in Ghana………………………………62 3.5.1 Resource Constraints………………………………………………….………62 3.5.2 Unwillingness to Prosecute Suspected Criminals…………………………..63 3.5.3 Lack of Public Awareness………………………………………………… 64 3.5.4 Lack of Victims’ Protection Scheme……………………………………… 64 3.6 Conclusion……………………………………………………………..………… 65 3.7 Endnote………………………………………..……………..…………………….. 66 CHAPTER FOUR SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 4.0 Introduction…………………………………………………………………..…… 69 4.1 Summary of Findings…………………………………………………………..….. 69 4.2 Conclusions……………………………………………………………………..….. 72 4.3 Recommendations………………………………………………………………..… 73 Bibliography…………………………………………………….…………………………. 76 viii University of Ghana http://ugspace.ug.edu.gh ABSTRACT Globalization has enhanced the interconnectedness and interdependence of states. No state can solely depend on itself, globalization as a phenomenon however has both positive and negative sides. One of such negatives is the intensification of transnational crimes such as human trafficking. Human trafficking poses serious threats to developing countries like Ghana. This study therefore examines the security implications of human trafficking in African countries using Ghana as a case study. The study also examines some of the measures that have been adopted by successive governments and civil societies to fight human trafficking in Ghana and the challenges faced in the fight against the menace. Analysis of both primary and secondary data shows that human trafficking has very serious security implications for the individual and the state. Human trafficking specifically for the purpose of sexual exploitation leads to the spread of diseases such as HIV/AIDS. Human trafficking is also associated with other serious crimes such as terrorism, money laundering and drug trafficking. The study further reveals that Ghana has put in place measures in the form of laws and institutions to alleviate human trafficking. Despite these efforts, the work further reveals that the fight against human trafficking has been marred with some challenges that frustrate the efforts of the various stakeholders in countering the activity in Ghana. ix University of Ghana http://ugspace.ug.edu.gh CHAPTER ONE INTRODUCTION 1.1 Background of the Study Society continues to struggle with a lot of ills, for example, destitution, hunger and war but in the post-Cold War era one of the most monstrous crimes that has bedevilled humanity is the buying and selling of people otherwise referred to as human trafficking. Globalization has led to the reduction and removal of barriers among national borders and facilitates the flow of goods, services, funds, and labor. Consequently, it has intensified transnational crimes such as human trafficking.1 The current global system which was initiated by the collapse of the Soviet Union signified the end of the Cold War. This led to an enhancement in the flow of merchandize goods, market opportunities and services across countries. This advancement in the movement of goods and services also led to the emergence of transnational criminal organizations that also took advantage the global system to perpetrate crimes across state borders.2 Human trafficking is identified as a cluster of crimes which involves the deception, recruitment movement and the sale of people into various abusive conditions around the world.3 People can be trafficked for several purposes including; forced labor, sex trafficking, bonded labor and forced child labor. Due to the surreptitious nature under which victims are coerced to work, acquiring accurate statistics with regards to the magnitude of human trafficking is difficult, consequently the data available is highly contentious and highly unreliable.4 The difficulty of obtaining accurate statistics of human trafficking has been documented in various reports. Nonetheless the problem has become rampant as both demand and supply of trafficked persons are rising. Over the years, transnational crime was predominantly associated with drug trade but in recent times human trafficking is being committed on such a large scale that is has become the 1 University of Ghana http://ugspace.ug.edu.gh major activity of most transnational criminal organizations. Profit being accrued from this illegal activity is significant and rising. Since 2014, human trafficking has been pegged as the third most profitable form of transnational crime after the sale of illicit drugs and global counterfeiting by the United Nations Office of Drugs and Crime.5 In terms of GDP per capita, Africa is the poorest continent in the world and it is home to the majority of the world’s poorest people.6 Africa is characterized by a youthful population and stunted economies which are incapable of absorbing the ever growing working force. Africa is also characterized by countries that are highly stratified socially and economically with majority of the citizens remaining permanently unemployed with limited access to capital and opportunities.7 These conditions are highly conducive for human trafficking. Consequently, evidence indicates that the practice is particularly widespread in Africa and Asia due to the similarities in economic conditions in both regions.8 In Asia, Countries such as China, Laos, Myanmar, Bangladesh and Vietnam are considered major countries of origin for trafficking. “Other source countries within the region include Cambodia, India, Nepal, Pakistan, and the Philippines. When victims are trafficked out of the region, they are often sent to Israel, Japan, and Turkey.9 Within Africa there are sub regional differences in human trafficking. Among the sub-regions, human trafficking is more prevalent in Western and Central Africa serving as the major source and destination areas. Southern Africa on the other hand predominantly serves as a destination sub-region. North Africa serves as a source and transit region for persons from the other sub- Saharan countries heading to Western Europe.10 Clearly visible routes of human trafficking activities among countries such as Niger, Burkina Faso, Mali, Nigeria Gabon and the Gulf countries have been established.11 Within Africa, some of the source countries in terms of human 2 University of Ghana http://ugspace.ug.edu.gh trafficking include most of the countries in West Africa such as Ghana, Nigeria, Togo Burkina Faso and Mali. Some of these countries also serve as destination countries; these include Nigeria, Niger, and Mali. Other destination countries in Africa include South Africa and Egypt.12 In terms of trans-continental trafficking, African countries usually serve as the source and transit countries whereas Europe and the Gulf countries serve as the destination. Africa is a very volatile region characterized by protracted conflicts in a substantial number of countries. The most vulnerable groups during these conflicts are women and children. Traffickers turn to take advantage of the chaos created by the conflicts to kidnap, coerce and deceive them by assuring them of better living conditions in the destination countries however they sometimes end up in abusive ventures.13 1.2 Statement of the Problem Ghana has been identified as a source, transit and destination of trafficked persons.14 According to the Office to Monitor and Combat human trafficking of the US Department of State, licensed and unlicensed agencies are responsible for the recruitment of people especially women to the Gulf countries for domestic services or to work in the hospitality industries. Upon their return, some of these women report being deceived, exploited or forced into prostitution. According to the US Department of State TIP report Ghana also serves as a destination country for trafficked victims from Vietnam, China and neighboring West African countries such as Nigeria. These victims are subjected to sex trafficking in the country. Ghana is also a transit point for victims from some West Africans countries who are being trafficked to Europe, especially to Italy and Germany.15 3 University of Ghana http://ugspace.ug.edu.gh Ghana has enacted various laws and adopted policies to deal with this social canker. An example is the promulgation of the Human Trafficking Act of 2005 (Act 694). The 1992 constitution which is the fundamental law of the country also upholds the rights and freedoms of the individual. The constitution safeguards the right to personal liberty, dignity of a person, the prohibition of torture, inhuman or degrading treatment, slavery, servitude, and forced labour. Trafficking in persons violates these rights as enshrined in the constitution.16 Ghana is also a signatory to various international protocols such as the Palermo Protocol and the ILO Worst Forms of Child Labour Convention aimed at fighting human trafficking. Despite these efforts by Ghana, there is without doubt the growing and worrying incidence of human trafficking in the country. According to the Anti-human trafficking report of the U.S Department of State, “Ghana has been ranked for the third consecutive year on Tier two watch list in 2017 which means that Ghana does not fully comply with the minimum standards for the elimination of trafficking but is making significant efforts to do so.” 17 Human trafficking seldom occurs in a vacuum. The traffickers depend on existing smuggling routes, border weaknesses and corruption of officials to traffic victims. These criminal networks as well as their victims themselves are sometimes linked to other criminal activities. Apart from the usual prostitution and forced labour, the victims are sometimes coerced into taking, transporting or selling drugs and fire arms. Human trafficking has also been incorporated into the activities of terrorist and insurgent groups. Due to the fact that terrorists require significant resources to function, there is frequently an overlap between terrorist organizations and transnational crime organizations, as terrorists are often involved in an array of domestic and transnational crimes including human trafficking.18 This means that trafficking has become a threat, not only to the individual victims but against the security, governance and stability of 4 University of Ghana http://ugspace.ug.edu.gh states. It is therefore imperative for Ghana and all other states to adopt the measures necessary to combat this crime. It is the objective of this study to examine the security implications of trafficking in Ghana and also to identify the measures being adopted to fight the menace. The review of various literature shows that much has not been done in the area of transnational human trafficking in Ghana. Most of the works on human trafficking have focused on the human trafficking activities related to children, confined to the borders of Ghana and immediate neighboring countries such as Togo and La Cote d’Ivoire. An analysis of the transnational nature of human trafficking will provide a broader and holistic picture in assessing the nature of human trafficking and how it affects Ghana’s national security. This study for that matter aims to assess the security implications of transnational human trafficking in Ghana. 1.3 Research Questions • What is the nature of human trafficking in Ghana? • What are the national security implications of human trafficking in Ghana • What role is being played by the government and civil society organizations in the fight against human trafficking in Ghana? • How is Ghana collaborating with other source, transit and destination countries in tackling transnational human trafficking? 5 University of Ghana http://ugspace.ug.edu.gh 1.4 Objectives of the Study The Study seeks to: • Examine the nature of human trafficking in Ghana; • Examine the national security implications of human trafficking, • Examine the role being played by the government and civil society organizations, including the legal instruments that have been adopted by Ghana to fight human trafficking. • Ascertain Ghana’s collaborative efforts with other states in the fight against human trafficking. 1.5 Scope of the Study Though human trafficking is a global phenomenon, the study focuses on the nature and impact of human trafficking on Ghana’s national security. Due to the fact that some experts on security have widened the concept of national security to include the security on the individual, the study focuses on analyzing the impacts of human trafficking on Ghana’s national security and human security implications. In this regard the study will target the threats posed by human trafficking to the personal security and the health security of victims and the national security of the state in the post Cold-War era. This period is of essence because, despite the fact that the activities of human trafficking predates the Cold War, the end of the war amplified the concept of globalization which also led to the intensification of transnational crimes including human trafficking. 6 University of Ghana http://ugspace.ug.edu.gh 1.6 Rationale of the Study Human trafficking is a serious threat to the stability and tranquility enjoyed by Ghanaians over the years. Various works reviewed show that not much work has been done in the area of transnational human trafficking in Ghana. Most of the works on human trafficking in Ghana has focused on the human trafficking activities confined to the borders of Ghana and immediate neighboring countries such as Togo and La Cote d’Ivoire. Ghana has been identified as a source, transit and destination country for the activities of human trafficking. It is worth noting that human trafficking as a criminal activity does not occur in isolation, these criminal organizations use violence and corruption to carry out their activities in countries they operate. Human trafficking in Ghana is worth investigating to ascertain its security implications for the country. The current study will contribute to knowledge on the activities of transnational human trafficking in Ghana. This study will also make recommendations to policy makers especially governments and the international community on how countries may effectively collaborate and fight the canker. Secondly the research will serve as a source of reference for further work in the area. 1.7 Hypothesis of the Study Increased human trafficking will likely increase threats to National Security in Ghana 1.8 Conceptual Framework The study is situated within a framework of National Security. Some proponents of this concept include Walter Lippman, Harold Brown and Kofi Bentum Quantson.19 Security is a very broad concept with two intrinsic characteristics, which is vulnerability and threat.20 7 University of Ghana http://ugspace.ug.edu.gh Harold Brown viewed national security as “the ability to preserve the nation's physical integrity and territory; to maintain its economic relations with the rest of the world on reasonable terms, to preserve its nature, institutions, and governance from disruption from outside, and to control its borders”..21 Walter Lippmann on the other hand suggested that, “a nation is secure to the extent that it is not in danger of having to sacrifice core values, such as national independence or territorial integrity, if it wishes to avoid war and is able, if challenged, to maintain those values by victory in such a war”.22 In the field of International Relations, Hans Morgenthau in his book ‘Politics among Nations’ defined national security as “the integrity of national territory and its institutions”.23 These ideas of security have been espoused by the realist school of thought as constituting the national security and it is simply about ways through which a state maintains its existence, survival and safety. This notion of security originated from the treaty of Westphalia that established the modern state system. Consequently, the international system was perceived as a stage for the interaction of sovereign states with no authority to enforce laws of international justice, the effect of this anarchic condition was that states had to operate in a self-help system by developing its military capabilities to ward of threats from other states24 The post-Cold War era however has challenged the tenets of the realist school of thought. The era is witnessing unprecedented threats from issues which were initially not included within the scope of security but these threats have the potency of challenging the survival of countries and the people living within these countries. As a result, the need for a human centered approach to security was identified.25 The concept of human security can be traced to the publication of the Human Development Report of 1994 which was issued by the UNDP. According to the report “the concept of security has for too long been interpreted narrowly: as security of territory from external aggression, or as 8 University of Ghana http://ugspace.ug.edu.gh protection of national interests in foreign policy or as global security from the threat of a nuclear holocaust. It has been related more to nation-states than to people”. The legitimate concerns however of ordinary people who sought security in their daily lives symbolize security as protection from the threat of disease, hunger, unemployment, crime, social conflict, political repression and environmental hazards26 The 1994 HDR affirms that human security entails two main aspects- the safety from chronic threats such as hunger, disease and repression and protection from sudden and hurtful disruptions in the patterns of daily life such as in jobs, homes or communities. Based on this, the report defined security of persons in seven domains; economic security, health security, food security, environmental security, community security, political security and personal security.27 In line with these threats to human security, writers like Kofi Quantson and Daniel Benjamin have expressed their views on the implication of these threats on national security. Daniel Benjamin for instance argues that “when young people have no hope for education, with no hope for a job and the feeling of disconnection from modernity, where governments are unable to provide basic needs of the people and when people are aggrieved, they are more likely to be drawn to extremist ideologies which may have implication to national security”. He therefore suggests that there is the need to address issues that bother on political, economic and social deprivations that criminal groups used to bait victims.28 Kofi Quantson also considers the concept of human security as relevant to a nation’s security. He views national security in terms of survival, safety, well-being and contentment. He argued that “people need to survive decently, after which there is the need for protection for them to feel safe. After safety, the need for the well-being of the people and their contentment is paramount”. Quantson concludes that a nation’s security cannot be guaranteed if the security of the people is 9 University of Ghana http://ugspace.ug.edu.gh threatened, therefore there is the need to address the security needs of the people in a comprehensive manner in order to avoid a lingering security risk29 It is worth noting that, a school of thought argues strongly against the correlation between human security and national security. A proponent of the school includes Marc Levy. According to Levy, environmental degradation for instance which is a vital component of the threats to human security, poses no threat to national security.30 The term ‘national security’ is also considered as a symbolic concept of a policy objective, which has a wide and ambiguous meaning. Arnold Wolfers refers to the ambiguity of the concept as “a symbol meaning different things to different people”.31 These critiques notwithstanding, the concept of national security is relevant for this study because the complex nature of human trafficking threatens the territorial integrity of states as well as the lives of the people within these states. To tackle these threats, there is the need for the adoption of a comprehensive national security approach. National security however is being harnessed as an instrument to secure the physical territory of the state as well as to ensure the fulfillment of the needs of the people to reduce the activities of human trafficking. 1.9 Literature Review The UN Protocol to prevent Human Trafficking (Palermo protocol) as cited by Aronowitz defines human trafficking as “The recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving 10 University of Ghana http://ugspace.ug.edu.gh of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.”32 Writing on the processes involved in human trafficking, Aronowitz posits that “trafficking must comprise the following: • An action (recruitment, transportation, transfer, harboring, or reception of persons); • Through means of (threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim); • Goals (for exploitation or the purpose of exploitation, which includes exploiting the prostitution of others, other forms of sexual exploitation, forced labor or services, slavery or similar practices, and the removal of organs)””. According to Aronowitz, “one element from each of the above must be present for trafficking to occur.”33 Aronowitz views human trafficking as a series of actions instead of a single event. He identified four stages that make up the human trafficking process. The first stage he identified is the abduction or the recruitment stage. This stage is followed by the transportation stage which involves the movement of the victims from the point of recruitment to the destination point or country (in the case of transnational human trafficking). The next stage is the exploitation stage where the victims are usually forced to engage in some activities under deplorable conditions. According to Aronowitz, “human trafficking usually does not end in the third stage, he introduced the fourth stage which involves the trafficker laundering the proceeds of the exploitative stage”. According Aronowitz the fourth stage is usually common when the 11 University of Ghana http://ugspace.ug.edu.gh trafficking is carried out by transnational organizations that are usually engaged in some other illicit activities.34 Aronowitz’s work provides an essential overview of the topic of human trafficking, its scope and magnitude. Clarification of what constitute human trafficking as reviewed is important for the purposes of analysis in this study in order that a clear distinction could be made from human trafficking and other forms of illegal migration processes. With regards to the stages of human trafficking, Stanojoska and Petrevski connected the recruitment phase to the country of origin, which is the country where potential victims are coming from. They argue that criminal organizations have a criteria for choosing countries that will serve as sources of victims for trafficking. This choice mostly is based on some characteristics of the countries in question, for instance the inability to give work to people and countries in which culture highlights the subordinated role of women in the society and also during periods of economic crises, natural catastrophes, war and conflicts. At the second phase of the trafficking process, that is transportation, they argue that “in most cases, the country of destination is the one where an ethnic community traffic people or country where there is a partner criminal network that accepts and distributes the victims”.35 “Stanojoska and Petrevski in their work attempt to explain why traffickers choose to move their victims through a transit country or multiple transit countries in order to reach the destination country rather than simply transporting the victims directly from their country of origin to the destination country”. Their work highlights the characteristics of transit countries but fails to mention the exact roles played by the transit countries. The last phase of human trafficking as recognized by Stanojoska and Petrevski is the exploitation stage which include various forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.36 They agree with Aronowitz in 12 University of Ghana http://ugspace.ug.edu.gh terms of the process involved in the trafficking of human beings but unlike Aronowitz, their work did not recognize the final stage of human trafficking which may involves the use of proceeds accrued from human trafficking to fund other criminal activities. Nonetheless their work is relevant for the current study as it also highlights the various stages of the human trafficking. In assessing the reasons for transnational human trafficking in West Africa, Swadogo argues that “transnational crimes have recently taken complex and deadly new dimensions with the wake of globalization”.37 He observes that “globalization has increased the power vacuum by empowering criminal networks so much that assaults on human dignity continue to increase proportionally to the growing globalization in much of Africa.38 He grouped the causes into two main categories, the first being socioeconomic causes and then politico institutional causes. With respect to the socioeconomic cause of human trafficking, Swadogo identifies poverty as the principal cause in human trafficking within the sub region”. According to Swadogo, West Africa is characterized with the exploitation of natural resources mostly dominated by mining and agricultural activities. The rapid population growth, poor security and economic hardship associated with the wide inequalities in the distribution of wealth contribute to the activities of human trafficking as a way of breaking away from the clutches of poverty. He further explains that West African cultural patterns fuel the expansion of human trafficking. In the context of the extended family, tribal and religious affiliation, children especially are raised outside the biological homes with the motive of securing better education and opportunities for them. Parents are usually ignorant of the risks involved in entrusting their children to other persons in this era characterized with a mad rush for economic achievement. This factor according to Swadogo inevitably contributes to the growth of transnational human trafficking in West 13 University of Ghana http://ugspace.ug.edu.gh Africa.39 With respect to the politico-institutional factors, Swadogo observes that human trafficking has been prevalent in West Africa as a result of weak institutions vis-à-vis the globalization of criminal networks. According to Swadogo traffickers in West Africa over the years have enjoyed some form of freedom in their operations because until recently the activity was not even recognized as a punishable offence. Swadogo further posits that just a few states prioritize the fight against human trafficking and for this reason criminal networks consider the sub region as a safe haven that facilitates their operations.40 Whiles Swadogo was apt in explaining the cause of human trafficking in West Africa, he fell short of recognizing the role of external factors or conditions that promotes human trafficking in West Africa. Secondly his explanation to the causes of human trafficking focused on West Africa as an origin of trafficked persons but his work did not include factors that make the West African sub region a destination zone of trafficked persons from other countries.” Njoh and Ayuk-Etang disagree with the idea that “human trafficking in Africa is predominantly driven by endogenous factors such as poverty, cultural values and indigenous traditions in Africa”. They explain that human trafficking in Africa is rather a function of exogenous forces which have become more pronounced in contemporary times due to globalization. Human trafficking in Africa according to them is demand-driven coupled with its high profitability especially because there is a huge appetite in Africa’s growing tourist sex industry for commercial sex and also the external demand for cheap labour to work on plantation farms.41 Their work is relevant to the study because it introduces the element of exogenous forces which also help to explain the causes of human trafficking in Africa. Also arguing on the causes of human trafficking, Louise Shelley in her work asserts that numerous root causes which have been categorized into endogenous and exogenous forces have been identified. However she 14 University of Ghana http://ugspace.ug.edu.gh believes that these factors have existed over the period and so they are insufficient in explaining the growth of human trafficking.42 According to Shelley, “trafficking has increased dramatically with the rise of illicit trade, the end of the Cold War and the emergence of globalization characterized by greater mobility of goods, people and more rapid communication”. “She explains that parts of the world which were previously labeled as remote have now been incorporated in the global system however the establishment of stringent border controls by world’s wealthiest countries create barriers for those who wish to move to these affluent countries.” This situation according to Shelley leads to a confrontation between the restrictions on labour and the demands of the global world. Consequently, people begin to search for means, including illegal means to enter into countries where labour is in demand. With the end of the Cold War, she explained that it led to revolutions in Eastern Europe, the demise of Soviet socialism, and the collapse of the USSR which led to the emergence of new states that sought sovereignty. This further led to a greater international political instability and conflicts which led to destructions and many individuals who became vulnerable to exploitations by human traffickers.43 Finally on the rise of illicit trade, Shelley explains that transnational criminal organizations especially those engaged in human smuggling and human trafficking have taken advantage of the international system created by the global economy. These organizations have expanded their spheres of influence across borders to remote regions of the world. She asserts that the illegal aspect of the economy represented about 6% of the world’s economy by the middle the 1990s. Since then the illicit economy continues to grow at such high rates because illicit monies are not taxed and the illicit trade including trafficking of persons continues to expand.44 Shelley also analyzed the consequence of human trafficking. Unlike other works that analyze the 15 University of Ghana http://ugspace.ug.edu.gh consequence of human trafficking by focusing on the cost of trafficking to the victim, Shelley explains that the cost of trafficking is experienced on the individual, community, national, regional and global level. She adds that human trafficking affects not only the source country but also transit and host countries, both democratic and authoritarian states and countries in transition and in conflicts.45 Writing on the consequences of human trafficking, Roza Pati asserts that human trafficking is one of the most serious security problems in our contemporary world and has become a scourge that is threatening international peace and security.46 According to Pati, “human trafficking has proven to be a source of funding for terrorist organizations”. “She cites an example of the Salafi Network (Global Salafi Jihad) which is present and quite powerful in Mexico and Central America”. According to Pati, “the physical break-up of these terrorist groups in the wake of the 9/11 Counter Terrorism campaign has led to these terrorist groups resorting to human trafficking to finance their activities”. “Pati describes human trafficking as a crime that inherently breeds more crime, while corroding the fabric of the society, the life of the individual and the security of the nation. According to her, it is infamy that poisons human society at its core.47 Lesslie Holmes agrees with Pati’s assertion that human trafficking breeds more crime”. According to an OSCE report cited by Holmes, “there is a very strong correlation between human trafficking and corruption. This means that trafficking of persons flourish as a result of corruption of public officials”.48 Holmes categorized the ways in which officials could be involved in trafficking into direct and indirect ways. With regards to the direct ways, he stated that “public officials could either run a trafficking operation or consciously participate in trafficking operations by alerting the gangs to forthcoming raids or by turning a blind eye during border crossings”. Indirectly, officials may be involved in making use of the services of persons that have been trafficked or refusing to investigate allegations of trafficking. Consequently, the 16 University of Ghana http://ugspace.ug.edu.gh principal losers are obviously the trafficked persons. Holmes further asserts that, corruption can exacerbate the already precarious situation of the trafficked person. This is because the need for the traffickers to pay bribes as part of the trafficking process can substantially increase the overall costs of the operation. These costs have to be recuperated by the traffickers. Although they may pass some of them on to customers, they may also pass some on to trafficked persons. This leads to the exacerbation of the debt bondage situation for trafficked persons.49 Holmes, in his article identified several measures that governments and international organizations could take to reduce both corruption and trafficking, which then necessarily affect the corruption- trafficking nexus. These include; Education, harsher punishments, naming and shaming and removal of limits on the number of testimony-related visas that can be issued.50 Holmes’ work is particularly relevant because it brings to the fore activities of security officials that facilitate the menace hence making the combatting of the crime very difficult. The work also analyses some policy measures for preventing human trafficking. Also assessing the national security implications of human trafficking, Rizer and Glazer introduced a different dimension. According to them, health and security are inextricably linked.51 “The World Health Organization (WHO), according to Rizer and Glazer estimated that 340 million people were infected with a sexually transmitted disease (STD) in 1999 alone. The estimated cost to treat and prevent HIV according to the WHO was twenty-three billion dollars by 2010. They emphasize that apart from the astounding loss of life and the huge treatment costs that take much needed funds from other national programs, diseases increase poverty”. Increased poverty further leads to more diseases hence a cycle of poverty and diseases become apparent leading to a greater probability of a state becoming dysfunctional.52 Linking the HIV/AIDS pandemic to human trafficking, Rizer and Glazer postulate that “sex trafficking plays a 17 University of Ghana http://ugspace.ug.edu.gh significant role in spreading AIDS”. In 2005, the United Nations Joint Program on HIV/AIDS (UNAIDS) as cited by Rizer and Glazer reported that “across Asia, the epidemics are propelled by combinations of injecting, drug use and commercial sex”. Women in prostitution, including “ those who have been sex trafficked, have an increased chance of carrying HIV or AIDS. Rizer and Glazer believe that reducing the spread of AIDS by eradicating sex trafficking is a national security issue”.53 The work is relevant to the study as it introduces a different dimension to the national security implication of the human trafficking which is one of the aims of this study. Writing on the measures to control human trafficking, Gillian Wiley in her article, “Securing States or Securing People? Human Trafficking and Security Dilemmas” explains that countries in Europe regard irregular migration as a security threat and this is evident from the manner in which the states respond to the issue of human trafficking. The concerns about the scope of the human trafficking according to Wiley have led to the development of a plethora of domestic and international laws because states define trafficking primarily as a violation of migration law and a crime against the integrity of their borders.54 She cites the example of the UN Protocol which demands of the signatory states to establish law enforcement efforts against trafficking but only encourages the states to respond to the needs of the victims. The sad consequence of this as Wiley states is that apart from the weak protection given to the victims, sometimes they are treated as criminals. “According to Wiley, a woman suspected of being trafficked is far more likely to be treated as an illegal immigrant, liable for deportation, than as someone whose human rights have been violated.55 Wiley highlights the irony of the rigorous measures that states resort to in combating human trafficking which include the adoption of stiff migratory policies. According to Wiley, these policies to some extent increase the incidence of trafficking and create more recourse to traffickers and smugglers on the part of migrants because the policies are 18 University of Ghana http://ugspace.ug.edu.gh forged on the failure to recognize that the existence of the pressure created by global migration in the first place.56 In support of Wiley, Pati explains that more effective border controls coupled with more stringent immigration laws give rise to a more sophisticated crime syndicate that expands its reach far beyond drug trafficking, into areas of enhanced convenience and higher profitability, which is human trafficking.57 To address the issue, Pati recommends a genuine commitment to combat human trafficking which must be informed by the guiding light of the dignity of all human beings. She recommends an involvement of the state and a well-focused human right approach, an approach that incorporates the essence of human security to address the root causes that make people susceptible to being trafficked.58 Pati and Wiley’s works are relevant for the current study because they highlight the dilemma that exists in the fight against human trafficking with respect to border control policies adopted by States”. The policies adopted by Ghana will be examined vis-a-vis its effectiveness in preventing human trafficking. 1.10 Sources of Data and Research Methodology Data for this study is derived from both primary and secondary sources. Primary data was obtained through interviews with security experts from relevant institution such as the Ghana Immigration Service, the Ghana Police Service and SEWA Foundation (an NGO). The total sample for this study was three expects in the field of human trafficking and national security. The nature of the study and the information required necessitated the use of purposive sampling technique for selecting respondents. Interviews were conducted with the Director of the Anti- Human Trafficking Unit of the Ghana Police, Superintendent Mike Baah; Director of the Migration Bureau of the Ghana Immigration Service, Chief Superintendent Officer Pamela 19 University of Ghana http://ugspace.ug.edu.gh Cudjoe and the Chief Executive Officer of SEWA Foundation, Mr. Jones Owusu Yeboah. These personalities were selected because they have extensive knowledge and they provided a detailed analysis about the realities pertaining to human trafficking in Ghana. The descriptive nature of the research also resulted in the substantial reliance of secondary sources of data. Books, journal articles, reports, policy documents and internet sources are cited. With regards to the methodology, the study relied on a qualitative research method for data collection and analysis. Semi-structured interviews with opened ended questions were used to obtain responses from the respondents. A qualitative method of analysis is adopted in analyzing both the primary and secondary data collected for this research. This method of data analysis is adopted because the data collected from the interviews is not discrete or statistical in nature. Even though the qualitative research method has been criticized by some authors as being subjective, it is ideal to explore and understand opinions and have comprehensive understanding of a problem. It offers ample information and fundamentals for better understanding of a phenomenon. It also provides information about the problem as respondents are closer to the source of information.59 1.11 Arrangement of Chapters “The study is organized into four chapters. Chapter one constitutes the Research Design. Chapter Two examines the nature and general causes of human trafficking and the causes specific to developing countries. The chapter also gives an overview of human trafficking in Ghana. Chapter three focuses on the analysis of the implications of human trafficking on the national security of Ghana and examines the existing policies and mechanisms to prevent and to fight 20 University of Ghana http://ugspace.ug.edu.gh human trafficking in Ghana. Chapter four constitutes the summary of the findings, conclusions and recommendations. 21 University of Ghana http://ugspace.ug.edu.gh 1.12 Endnote 1 Albanese, J. S., Transnational Crime and the 21st Century: Criminal Enterprise, Corruption, and Opportunity. New York: Oxford University Press, 2011. 2 Ibid. 3 Alexis, A., Human Trafficking, Human Misery: The Global Trade in Human Beings. London: Praeger Publishers, 2009. 4 Ibid. 5 May, C., “Transnational Crime and the Developing World”, Global Financial Integrity Report, 2017. 6 Milton, C. et al., The Poverty of Development Strategy in Africa. Nairobi: ACTS Press, 2016. 7 Ibid 8 UNODC,‘‘Trafficking in Persons, Global Patterns’’. 2006. http://www.unodc.org/pdf/traffickinginpersons_report_2006- 04.pdf. 9 Ibid. 10 Ibid. 11 Fitzgibbon, K., “Modern-day Slavery? The Scope of Trafficking in Persons in Africa”. African Security Review 12 (1), 2003, 81–89. 12 Ibid 13 UNICEF Innocenti Research Centre, “Trafficking In Human Beings, Especially Women and Children, In Africa” 2003. 14 US Department of States, “Trafficking in Persons Report”, 2016 15 Ibid. 16 Atuguba, R. “Human Trafficking in Ghana: A Review of Legislation”. International Labour Office Geneva, 2005. 17 U.S Department of States, “Trafficking in Persons Report” (2016). 18 Kegley, C. W. & Blanton, S. L., World Politics, Trends and Transformation, Wadsworth: Censage Learning., 2005 19 Martha Crenshaw "The Causes of Terrorism", Comparative Politics, Vol. 13, No. 4, July 1981, pp. 379-399. 20 Liotta, P. H., “Boomerang effect: The Convergence of National and Human Security”, Security Dialogue, Vol 33, No. 4, 2002, pp. 473-488 21 Harold B., Thinking About National Security: Defense and Foreign Policy in a Dangerous World, Boulder, CO, Lynne Rienner Publishers, 1983, p. 4. 22 Lippmann W., U.S Foreign Policy: Shield of the Republic, Boston: Little, Brown, 1943. 23 Morgenthau, H., Politics Among Nations. New York: Alfred Knopf. For a more complex but essentially identical view, see Robert Dahl, Modern Political Analysis, 1978: p. 26. 24 Luciani. G., “The Economic content of Security”, Journal of Public Policy, Vol. 8, No. 2, 1989, p. 151 25 Kukuda-Parr, S. & Messineo, C., “Human Security: A critical review of the literature”, CRPD Working Paper No. 11, 2012. 26 UNDP, Human Security Report, 1994, cited in Liotta and Owen, "Why Human Security" The Whitehead Journal of Diplomacy and International Relations, Winter/Spring 2006, pp. 37-54. 27 Ibid 28 Daniel, Benjamin, cited by Ford A. Christopher, "Counter-Terrorism as a U.S. National Security Priority", A Briefing Paper from Hudson Institute, 2010, 9. 22 University of Ghana http://ugspace.ug.edu.gh 29 Quantson, B. K., “You and Your Security Environment”, Accra; NAPASVIL Ventures, 2010 pp. 1–9. 30 Levy, Marc A., “Is the Environment a National Security Issue?”‖ International Security, Vol. 20, no. 2 (1995): pp. 35 – 62, 31 Wolfers, A., “National Security" as an Ambiguous Symbol. Political Science Quarterly, 1952: p. 481-502. 32 Aronowitz, A. A., Human Trafficking, Human Misery: The Global Trade in Human Beings. Connecticut: Praeger publishers, 2009. 33 Alexis, A., op. cit. 34 Ibid 35 Stanojoska, A. & Pretrevski, B., “The Process of Trafficking in Human Beings: Phases of Commiting the Crime”, Research Gate, 2016, 1-13. 36 Ibid 37 Swadogo, R. W., “The Challenges of Transnational Human Trafficking in West Africa”, African Studies Quarterly, 13 (1&2), 2012, 1-10 38 Ibid 39 Ibid 40 Ibid 41 Njoh, A. J., & Ayuk-Etang, E., “Combating Forced Labour and Human Trafficking in Africa:The role of Endogenous and Exogenous Forces”, African Review of Economic Finance, 4(1), 2012, 1-23. 42 Ibid 43 Shelley, L., Human Trafficking: A global Perspective, New York: Cambridge University Press, 2010. 44 Ibid 45 Ibid 46 Roza P., “Human Trafficking: An Issue of Human and National Security” 4 U. Miami Nat’l Security & Armed Conflict L. Rev. 29 (2014) Available at:http://repository. law.miami.edu /umnsac/vol4/iss2/5 47 Ibid 48 Holme, L. A., “Strategies Against Human Trafficking: The Role of the Security Sector”, Geneva: National Defence Academy and Austrian Ministry of Defence and Sports, 2009. 49 Ibid 50 Ibid 51 Arthur R. & Sheri R. G., “Breach: The National Security Implications of Human Trafficking”. Widener Law Review, 17 (69), 2011. 52 Ibid 53 Ibid 54 Gillian, W. “Securing State or Securing People? Human Trafficking and Security Dilemmas”, Studies: An Irish Quartely Review, 2006, 7-15. 55 Ibid 56 Ibid 57 Roza P., “Human Trafficking: An Issue of Human and National Security” 4 U. Miami Nat’l Security & Armed Conflict L. Rev. 29, 2014, Available at:http://repository. law.miami.edu /umnsac/vol4/iss2/5 23 University of Ghana http://ugspace.ug.edu.gh 58 Ibid 59 Zikmund, W.G., “Business Research Method”, (6th Ed) Dryden Press cop.,Fort Worth TX. (2000) 24 University of Ghana http://ugspace.ug.edu.gh CHAPTER TWO CAUSES OF HUMAN TRAFFICKING IN AFRICA AND GHANA’S SITUATION 2.0 Introduction This chapter focuses on the nature of human trafficking with respect to the various forms of human trafficking, the key players involved, and the causes of human trafficking. The causes are grouped into two categories, those causes that are universal and those that are specific to the politics, cultures and economy of individual countries. This chapter highlights some of the general causes and also focuses on those causes that are specific to the African context. It concludes with an overview of human trafficking in Ghana. 2.1 Types of Human Trafficking Victims of human trafficking are exploited in many ways, these include; trafficking for labour exploitation, trafficking for sexual exploitation, trafficking for the removal of organs, Child Trafficking etc. According to the 2016, UNODC Global Report on Trafficking in Person, Trafficking for sexual exploitation and forced labour are the most prominently detected forms of human trafficking.1 This section will focus on these forms of human trafficking. 2.1.1 Trafficking for Labour Exploitation Victims of trafficking for labour exploitation are usually sourced from developing countries whereby by the traffickers use deception and coercion to recruit and traffic them into conditions of slavery in different jobs. Labour trafficking is defined as the movement of people for the purpose of forced labour and services. According to a 2016 UNODC report, 38% of trafficked victims between 2007 and 2014 were trafficked for labour exploitation.2 It usually occurs when a 25 University of Ghana http://ugspace.ug.edu.gh person intents to enter into a country to work but is misled about the actual conditions of the job in that country by his/her traffickers. The victims are coerced to work in very different conditions from what they envisaged with little or sometimes no salaries. The international instrument addressing forced labour is the ILO Forced Labour Convention No. 29. The convention defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.3 The employer resort to the use of violence or the threat of violence to force the victim to work in sometimes deplorable conditions. In most cases, the employer keeps the victim’s documents to prevent him/her from leaving. The victims are employed in various sectors such as agriculture, fisheries, hospitality industries, domestic servitude and other labour intensive jobs. The men are usually exploited in the construction industries, mines and other dangerous places of work, whereas the women are usually exploited in the hospitality industries and for domestic servitude. An aspect of labour trafficking is debt bondage or bonded labour. Debt bondage is identified as a practice similar to slavery. This is because it involves usually a debt that cannot be paid off in a reasonable time. People who are trafficked are sometimes subjected to debt bondage usually when their travel was facilitated by the trafficker who sometimes becomes the employer. The employer often deliberately increases excessively the amount of debt by adding very high interests. The aim is usually to increase the debt which will also lead to an extension of the period the debtor must work, sometimes making it impossible for the debt to be paid.4 Currently there is no accurate statistics detailing the magnitude of debt bondage globally but according to the ILO, the majority of the 9.5 million people in forced labour in the Asia-Pacific region are in debt bondage.5 26 University of Ghana http://ugspace.ug.edu.gh 2.1.2 Trafficking for Sexual Exploitation Trafficking in women and men for sexual exploitation is a widespread phenomenon in the contemporary world. Sex trafficking comprises a smaller but still significant portion of overall human trafficking activities. Prostitution and sex tourism are the most rampant forms of sex trafficking. Women and children who are trafficked for labour exploitation are sometimes sexually exploited as well.6 On the average, the duration for trafficking operations for sexual exploitation can last from one to two and a half years, while forced labour operations generally lasts from four and a half to six and a half years before being exposed.7 An erroneous perception with regards to this form of trafficking is that the victims in most cases are forced through the use of threats and violence to engage in prostitution. Statistical data indicates otherwise. Majority of the trafficked victims are privy to the kind of work they are going to be offered but they are deceived regarding the conditions attached to the job under which they are to work.8 Nonetheless we cannot ignore the fact that the victims are denied certain fundamental human rights that affect their wellbeing. Even though the victims require some form of humanitarian assistance, they are not willing to cooperate with relevant agencies due to the level of stigmatization attached to the activity and the fact that it is considered to be illegal in most of the source and destination countries. It is more difficult to reintegrate such victims into their original communities.9 2.1.3 Trafficking for the Removal of Organs Trafficking for the removal of organs is probably the least reported form of human trafficking because not much research has been conducted in this field even though it has become an international security threat since the 1990s.10 The term ‘trafficking in organs’ encompasses a variety of illicit activities that aim to commercialize human organs especially kidneys for the 27 University of Ghana http://ugspace.ug.edu.gh purpose of transplantation. It involves the trafficking of persons with the aim of removing their organs. It also involves transplant tourism where patients travel overseas searching for an (illegal) transplant with a paid donor. The most common form of trafficking in organ removal involves the commercial transaction of human body parts that have been removed from living or deceased persons.11 It has become a very lucrative business because the advancement in the medical sector especially in the developed economies have consequently led to the increase in life expectancy and has led to a larger population of old people. This has also lengthened the waiting list of patients who require transplants. Organ transplant has been facilitated due to the technological advancement in the medical sector. Criminals have taken advantage of this opportunity to exploit the state of despair of patients and potential donors. 12 Organs harvested from dead donors are packed on ice and transported usually by air. When the harvesting involves a live donor, both the donor and the recipient travel to a place where the transplant will take place. Organ trafficking is closely associated with corruption in medical institutions because the activity cannot take place without the involvement of medical professionals in hospitals and clinics.13 2.1.4 Child Trafficking The United Nations Office on Drugs and Crime identifies children as the most susceptible group of people to the activities of human trafficking. Their high rate of susceptibility is as a result of their helplessness, inability to protect themselves and their innocence. According to UNODC, children are easier to control and are also less likely to fight for their rights. Children can be engaged in work for a very long time without food and under very deplorable conditions without complaining. By this, employers are able to keep the cost down.14 The description of child labour is identified in Article 3 of the Worst Forms of Child Labour Convention, 1999 (182). 28 University of Ghana http://ugspace.ug.edu.gh Four main descriptions are identified, the first description comprise all forms or practices that are related to slavery, including the sale of children, debt bondage, forced labour and the recruitment of children compulsorily to be used in armed conflict. The second involves the procurement of children for the production of pornography. The next description according to the Convention is the procurement of children for illicit activities, specifically the production and trafficking of drugs. The final description of child labour involves any work which by its nature or the circumstance which it is carried out is injurious to the health and safety of the child.15 Trafficked children are engaged in domestic servitude and are also forced to work in agricultural, services and manufacturing industries. Some of the children are also subjected to commercial sexual exploitations. In Africa, some of the children are used in armed conflicts as “child soldiers”.16 About half of the world’s child soldiers are in Africa. These are children under 18 years of age, who are engaged in any kind of regular or irregular armed force or armed group in any capacity. These children are used for fighting, to kill and commit other acts of violence. Child soldiers are currently involved actively in conflicts in DR Congo, Burundi, Chad and Somalia, just to mention a few.17 Figure 1 Share of Child Victims of Trafficking Detected by Region (2014) South America East Asia and the Pacific North America Children Europe Adults Sub-Saharan Africa North Africa and the Middle East 0% 20% 40% 60% 80% 100% Source: UNODC, 2016 29 University of Ghana http://ugspace.ug.edu.gh 2.2 Key Players in Human Trafficking There is a range of different players involved in the trafficking network but the key players include; victims, traffickers and users. These are the main people involved in the trafficking process. 2.2.1 Victims The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse defines victims of crime as “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within member states, including those laws proscribing criminal abuse of power.”18 The majority of the victims of human trafficking reported globally are women. According to a UNODC report of 2016, 51% of trafficked victims were women, 21% were men, 20% were girls and 8% were boys.19 (see Figure 2). The recruitment of the victims for trafficking usually occurs in one of two ways, either traffickers contact the potential victim or his/her family may rather contact the traffickers because the victim finds him/ herself in a precarious situation, seeking help.20 Trafficked victims are not always recognized as victims. Their recognition whether as victims or otherwise to a great extent depends on the existence of legislations and awareness of the predicaments of trafficked victims in the country they find themselves. Countries lacking legislations that define labour exploitation as trafficking usually treat such victims as illegal migrant and criminals.21 30 University of Ghana http://ugspace.ug.edu.gh Figure 2 Gender and age profile of victims detected globally, 2014 Women Men Boys Girls 20% 8% 51% 21% Source: UNODC, 2016 2.2.2 Traffickers Another erroneous perception about this illegal act is that human trafficking is always an organized crime with an advanced transnational network, but this is not always the case. Sometimes traffickers prefer to rather operate within loose networks. The advantage of operating such a loose system is that it makes the operation less obvious and it attracts less attention from law enforcement agencies. A flexible network means that traffickers can easily take decisions and easily vary their tactics when it becomes necessary to effectively conceal their activities and reduce the risk of detection.22 Traffickers play a vital role between supply and demand. On one breadth, they try to increase the supply of trafficked persons through recruitment, deception, fraudulent identification and abuse of power. On the other breadth, they enhance the demand by providing easy access to a supply of trafficked persons. With respect to the recruitment of children, traffickers sometimes abduct or recruit the children themselves however in most cases, 31 University of Ghana http://ugspace.ug.edu.gh parents themselves offer their children out as a result of being promised of better conditions for their children elsewhere. Several reports reveal that parents force their children into trafficking because they perceive it to be the best strategy for the survival of the children. This practice of family involvement in child trafficking is very common in African countries such as Togo where by parents accept money from traffickers to find work for their children abroad or parents handing over their children due to the promise of education, professional training or paid work.23 Reports also indicate that victims also enhance the traffickers’ network. Victims sometimes become recruiters themselves therefore enhancing the trafficking process. One very common phenomenon is that women who are victims of trafficking for sexual exploitation return home to recruit other girls promising them of easy money. 2.2.3 Users Highlighting the distinction between traffickers and users is very necessary to enhance the understanding of the various patterns of human trafficking and also to help in the designing of policy interventions to curb the menace. Users of trafficked victims are very important in the trafficking process, they may be aware that the service is being rendered by a trafficked victim or may not know be aware. In most cases, users are not aware, neither are they interested in the process of trafficking nor do they have any idea about the routes and processes used in trafficking the victims. Most often they do not consider themselves as being part of the trafficking network. Knowingly or unknowingly, users help to perpetuate the activity of human trafficking. They are the engine in the machinery of exploitation.24 Users may act individually or in a network making use of trafficked victims such as prostitutes and children offering cheap labour.25 32 University of Ghana http://ugspace.ug.edu.gh 2.3 Causes of Human Trafficking Human trafficking has become a global issue that can be dealt with successfully through effective collaboration between national governments. Measures to combat human trafficking will be more efficient if the root causes of trafficking are recognized and properly addressed. By examining the root causes of human trafficking, effective measures can be taken to combat the menace. The causes of human trafficking are complex and they vary from country to country.26 Analyzing scholarly works on the causes of human trafficking shows that the causes can be grouped into two main categories, the first category are the universal causes and the second are those causes that are peculiar to the politics, culture and economy of individual countries. Often than not, both types of causes are present within countries and the combination of the causes within the sates vary from one country to the other.27 Anti-trafficking programs therefore must take into consideration the combination of the causes as they exist in individual countries. Universal causes refer to those causes of human trafficking that exist in almost all countries in the world and are often wide in scope and they usually have many far-reaching effects other than human trafficking. Examples include poverty, globalization, the sex tourism industry, lack of women’s rights, and low level of awareness. 28 2.3.1 Poverty Extreme poverty is an important factor that causes human trafficking. Poverty as a universal cause of human trafficking can be analyzed in three perspectives, these are, the supply aspect, the demand aspect, and the interaction between these two forces. The supply aspect of poverty is the situation where by the needs of individuals are not met coupled with the lack of opportunities 33 University of Ghana http://ugspace.ug.edu.gh to meet those needs. The demand aspect of poverty refers to the situation where by industries, agricultural and commercial sectors rely on these poor and vulnerable individuals who have been trafficked to make profit. The interplay between these two distinct forces often leads to human trafficking. Human trafficking thrives due to source countries with a supply of persons seeking better economic opportunities and destination countries with the demand for cheap labour and prostitution.29 Criminals identify the needs of both sides of demand and supply and take advantage of the opportunities presented by the sides. Many of the literature appear to analyze poverty as a cause of human trafficking solely from the supply viewpoint. This position is based on the idea that the individuals who cannot feed, clothe, and house themselves or their families due to lack of employment are the most susceptible to trafficking as they seek to migrate to other places in search of better opportunities. However, with further studies, this perspective has been largely disproven. To posit that poverty alone drives human trafficking is too rudimentary. There is also the demand side where by industries such as the agriculture, construction, and even prostitution seek the services of these impoverished and desperate individuals to exploit.30 Several previous anti-trafficking safety nets that focused solely on poverty mitigation without taking into consideration the pull factors of human trafficking were not able to adequately deal with the problem because the demand side was ignored and overlooked.31 Poverty must be studied from the perspective of both demand and supply to appreciate the issues regarding the causes of human trafficking. A better appreciation of both sides is important because it allows for policy makers to target impoverished individuals whiles also engaging businesses that take advantage to exploit these individuals. 34 University of Ghana http://ugspace.ug.edu.gh 2.3.2 Globalization The development of the global economy, the advancement in travel and communication, and the increased level of interaction between individuals and states has had many significant benefits, but has also had some damaging consequences. A typical example of such damaging consequence is human trafficking. Some scholars argued that the latest round of globalization has been the main catalyst that led to the enhancement of human trafficking.32 This does not mean that the commencement of human trafficking is as a result of the emergence of globalization. Human trafficking existed before the latest round of globalization which began in the 1970s and 1980s. The effect of globalization on human trafficking is the expansion and amplification of the activity.33 Trafficking was predominantly contained within the borders of countries with few cases involving trafficking across borders into neighboring countries. The phenomenon was mainly limited to specific regions of the globe. However with the emergence of globalization, human trafficking began to spread beyond those areas. As already discussed, poverty is one of the main causes of human trafficking. Globalization has enhanced the effects of poverty in three main ways. First and foremost, globalization has widened the wealth between countries and also regions around the world. Globalization, has also led to the marginalizing of many rural communities, and has led to the acceleration of rural to urban migration.34 The increase in the wealth gap between countries and communities consequently increased the pressure on the push-pull interaction of poverty. In addition to this, globalization has made the supply side of poverty more visible. The improvement of communication and information flow, through television and internet, have made people become more aware of their needs that have not been met and the great opportunities that exist in other communities and countries.35 35 University of Ghana http://ugspace.ug.edu.gh Secondly, globalization has also led to an increase in human trafficking through the securing of national borders. Many countries have enhanced their border security in their quest to combat trafficking. Human trafficking in recent times is recognized as one of the highest forms of human rights abuse hence countries that desire to be perceived as responsive to the issues of human rights have tightened their national borders as part of their commitment in the fight against human trafficking. On the contrary, these actions have actually forced those individuals who previously would have migrated legally to resort to all kinds of illicit activities to gain access thereby leading to their victimization.36 Decreasing immigration opportunities coupled with highly restrictive policies, have reduced the available options for those individuals who wish to migrate for employment. Such individuals consequently rely on illegal means. This often results in the individual becoming a trafficked victim.37 Lastly, globalization has reduced the costs and difficulties associated with the movement of people including trafficked victims over long distances, making the practice all the more attractive to those who look for profit. The combination of the lower cost of transportation and the growing knowledge of better opportunities in other regions provided by the internet and other means of communication have increased the desire and ease of international travel and this has played a critical role in the expansion of global human trafficking.38 2.3.3 Lack of Women’s Rights An important factor that has led to the increase in global human trafficking is the lack of the rights of women caused by societal gender norms. This factor has led to the increase in the level of migration among women. In some regions of the world, the level of women migration has 36 University of Ghana http://ugspace.ug.edu.gh even exceeded that of men.39 Women are considered as ‘exploitable resources’ who are fit for jobs such as entertainment workers, manufacturing jobs, domestic servitude and other menial jobs including staying home to raise children. Most women who find themselves in such jobs generally lack education and skills.40 Lack of women’s right is also entrenched in some religious beliefs that also prevent women from holding certain positions or enjoying some privileges in the society. The entrenchment of norms in societal traditions and religion makes its reversal very difficult. Women become desperate as they begin to search for solutions to their predicaments, they search for jobs to be able to take care of themselves and their families.41 In effect, women have become far more susceptible to the enticements of traffickers. The traffickers exploit these women by forcing them to engage in prostitution and domestic servitude, conditions which are far worse than they were in initially.42 2.3.4 Lack of Awareness on Human Trafficking The lack of awareness about the realities of trafficking is probably the most direct cause of all the universal causes nonetheless it has not in any way made resolving the issue any less difficult. Even though conscious efforts have been made to create awareness by various stakeholders, there exist a significant number of the world’s population that have not been exposed to the dangers associated with the phenomenon of human trafficking.43 The reality is that people consider migration in search of employment opportunities as an important economic strategy to bring about development in their lives. However without proper education regarding the realities of human trafficking, these people rely on organizations that promise decent employment opportunities but they rather become victims of human trafficking.44 The creation of awareness is very important and governments have included anti-trafficking campaigns in their anti- 37 University of Ghana http://ugspace.ug.edu.gh trafficking policy programs. Awareness creation however becomes less effective when the recruitment is being carried by trusted individuals or a family member within the society.45 When lack of awareness combines with some of the factors as discussed above, people become more susceptible to the deception of traffickers. 2.4 Other Sources Specific to the African Context 2.4.1 Weak Legal Framework A cause of human trafficking that is very specific to Africa is the existence of weak legal framework. Human trafficking is very prevalent in Africa due to weak institutions that are not able to enforce laws. Government lack the political will to fight crimes including human trafficking hence they are not willing to commit resources and employ more security agencies to deal with the problem. Security agencies are not capable of carrying out their duties due to lack of resources. In addition to that the security agencies lack the technical know-how to handle human trafficking cases. These factors make the security agencies incapacitated. Another cause of human trafficking is the corruption of government officials including the security agencies. These officials accept bribes from traffickers to assist them in various ways to facilitate their trafficking activities. In Nigeria for example some government officials connive with traffickers by accepting bribe and effect help the traffickers with forged documents to assist their movements across borders.46 Secondly, security agencies are not willing to carry out investigations of serious crimes against women and children especially because they are not in a capacity to pay for the investigation to be carried out or bribe the officers. Trafficked foreign nationals are treated as illegal migrants and are therefore deported to the home countries without proper investigations to apprehend the perpetrators of the crime. The combinations of the lack of 38 University of Ghana http://ugspace.ug.edu.gh political will, the corruptions of government official and the existence of weak laws increase the rate of human trafficking in Africa consequently increasing the predicaments of the trafficked victims.47 2.4.2 Conflict Africa has been bedeviled with protracted conflicts over the years caused by political instability and the struggle for possession of some natural resources. This has led to loss of lives and has affected the overall development of the continent. Traffickers have also taken advantage of the chaos created by these wars to exploit victims. Countries like Liberia and Sierra Leone that have experience some of these conflicts have compelled their citizens to move away from the conflict zones for their survival, others have been trafficked to work as prostitutes in other countries.48 Conflict creates very conducive atmosphere for traffickers to carry out their recruitment and transportation of their victims. They usually deceive the victims by promising to transport them to safer locations and also offer them some forms of livelihood but they end up in exploitative ventures. In Ghana for example, many of the young prostitutes that have been arrested have come from some of these conflict stricken countries. These ladies are not able to secure employment opportunities in the labour market due to the lack of employment skills. They work as prostitutes in ghettos of Accra for pimps and criminal organizations.49 39 University of Ghana http://ugspace.ug.edu.gh 2.4.3 Perversion of Cultural Traditions Despite recent trends in urbanization, many traditional norms remain unchanged in the African society. One of such unadulterated traditional norms is witnessed in the upbringing of children. In Africa child care is the responsibility of the extended family whereby the child is left in the care of some wealthy extended family members. The aim of this practice is to provide some kind of social balance and also reduce the effect of poverty on the parents especially in situations where the actual parents are not able to take care of the child. In recent times however this situation has been exploited by traffickers to recruit children.50 Sometimes the parents, out of ignorance pertaining to the conditions in which the child is going work, offer the child to the trafficker who promises to provide the child with education or will help the child acquire some form of skills for their development. It is not surprising that Africa constitute the continent with the highest reported cases of child trafficking and child labour in the world with the Sahelien countries in West Africa such as Benin, Burkina Faso, Mauritania and Niger being the leading culprits.51 2.5 The Case of Ghana Although human trafficking has long been going on in Ghana, cases of trafficking have not been consistently recorded. This may be due to the absence of legislation directly criminalizing trafficking in Ghana until the passing of the Human Trafficking Act in December 2005, the absence of sufficient and qualified personnel to deal with issues of trafficking and the poor record keeping culture in Ghana’s public services.52 Nevertheless, human trafficking gains impetus on daily basis. The efforts of the country including the enactment of laws and making use of security agencies to curb the menace have proved futile. Statistical data from the CID on 40 University of Ghana http://ugspace.ug.edu.gh major crimes in Ghana shows that between 2011 and 2015, human trafficking has been part of the top level of crimes reported in the country.53 Since 2015, the profile of human trafficking in Ghana in terms of origin, destination and transit of people to engage in criminal acts puts Ghana into Tier 2 Watch-List classification on the international level. Majority of the victims of trafficking in Ghana and from Ghana are females. This is due to the premium placed on girls as sex slaves, prostitutes, house helps and porters. However in the fishing areas where children are trafficked to assist in the fishing industry, the fishermen prefer male children.54 With respect to Ghana as a destination or transit point, foreign nationals who are trafficked into Ghana are mostly Nigerian, Korean and Chinese nationals who are subjected to sexual exploitation on profitable basis in Ghana by their traffickers and the dealers involved. According to reports, the majority of the teenage girls trafficked to Ghana from other countries are coerced to indulge in child prostitution.55 The Ghana Immigration Service (GIS) is an agency of the Government of Ghana responsible for the regulation of the movement of people through Ghana’s borders as well as their residence and establishment in Ghana. As the main agency in charge of immigration in Ghana, officials of GIS are usually the first to come into contact with human trafficking activities at the point of exit or entry to Ghana. According to statistics available at the Ghana Immigration Service, over 3,582 women were trafficked to and from Ghana between 1998 and 2000. Between 1999 and 2000, 535 of the trafficked women were returned to Ghana. These women were trafficked to countries such as Nigeria, Cote d’Ivoire, Lebanon, Libya, the United States, Italy, Belgium and the Netherlands.56 A recent report by the Ghana Immigration service shows that in 2017, the total number of victims that were rescued was 215. The total number of suspects that were apprehended for the year under review was 35. Out of the 215 victims rescued, 4 were children, 2 of the children 41 University of Ghana http://ugspace.ug.edu.gh were trafficked for labour purposes whereas the other 2 were trafficked for sexual exploitation. The total number of other nationals was 20, Nigerian nationals were 11 and 9 Togolese nationals. The destinations of these victims included, Ghana, Saudi Arabia, Cote d’Ivoire and Jordan. Ghana was also used as a transit point in some of the cases.57 The 23rd June 2009 edition of the Daily Graphic reports of a criminal case brought before an Accra circuit court. Three Chinese nationals; James Xu, Chou Xiou Ying and Sam Shan were jailed for trafficking women from China on a false pretense that they were to work in a restaurant in Ghana. According to the court, the traffickers convinced the victims to pay very huge sums of money to pay for their travel expense to Ghana. When they arrived in Ghana, the traffickers ceased all their travelling documents and then forced them to work as prostitutes in some brothels that belonged to the traffickers as way of paying off any other expenses on them during their travel to Ghana. The traffickers received the proceeds from the prostitution and used some to purchase items that enhanced the trade including douches and contraceptives.58 In a related case, the Police conducted a raid in a guest house in Takoradi known as the Jang Mi Guest House. During the raid, the police rescued six Vietnamese girls that had been trafficked to Ghana and were being sexually exploited under repressive conditions. The culprits were Chinese who charged clients between $100 and $ 500 for the service of the girls.59 With reference to Ghana as a source country for trafficked persons, the US Department of State reveals that “Ghanaian women are recruited by dubious recruiting agencies and trafficked to Israel, Syria, Lebanon Saudi Arabia, UAE and Kuwait where they are forced to work as prostitutes.”60 These recruitment agencies fraudulently use false pretense to recruit young men and women from Ghana and traffic them to these Middle Eastern countries and other western countries. Some of the victims are also trafficked to some other countries in the sub-region 42 University of Ghana http://ugspace.ug.edu.gh including Cote d’Ivoire, Burkina Faso, South Africa, and The Gambia.61 Report indicates that most of the trafficked victims have little or no formal education and also they come from poor backgrounds. Due to the low level of education, the victims are either unemployed or are engaged in menial jobs that pay very little. The effect of this is that most of this people live below the poverty line, they are not able to cater for themselves and their families if they have any, such conditions make such individuals susceptible to the machinations and orchestrations of dubious recruitment agencies that traffic such individuals to foreign countries and exploit them.62 From the statistics available it is clear that Ghana is an origin, transit and destination country for trafficking in persons. 2.6 Conclusion The chapter focused on the nature of human trafficking with regards to its forms, the key actors involved and the causes. The chapter also focused on the nature and scope of human trafficking in Ghana. Even though cases of human trafficking have not been constantly recorded data available shows that human trafficking has become a serious matter of concern and for that reason there is the need to adopt measures to eradicate it. This can be achieved through a concerted and coordinated effort from all relevant institutions in the country and beyond. The next chapter is devoted to the investigation of the security implications of human trafficking in Ghana. 43 University of Ghana http://ugspace.ug.edu.gh 2.7 Endnote 1 UNODC, “Global Report on Trafficking in Persons in Persons”, United Nations Publication, Sales No. E. 16.IV.6, 2016 2 Ibid 3 ILO Forced Labour Convention, 1930 No. 29, art. 2(4) 4 Ann, J., “Slavery, Forced Labor, Debt Bondage, and Human Trafficking: From Conceptional Confusion to Targeted Solutions” 2011. 5 ILO, “A Global Alliance against Forced Labour”, Report of the Director-General, 93rd Session, 2011, Report I (B). 6 Sanders, A., “Sex Trafficking in Southeast Asia, How Neoliberalism has bolstered the Global Sex Trade”, vol. 2, 2012, 1-26 7 CATW, “A Comparative Study of Women Trafficked in the Migration Process”, 2002, available at http://action.web.ca/home/catw/readingroom.shtml?x=17062> 8 Ateneo Human Rights Center, “The Philippine-Belgian Pilot Project Against Trafficking in Women”, G/F Ateneo Professional Schools, Rockwell Center, Makati City, Philippines, 1999. 9 Ibid. 10 Aronowitz, A. A., Human Trafficking, Human Misery: The Global Trade in Human Beings. Connecticut: Praeger publishers, 2009. 11 Bos, M. et al Trafficking in Human Beings for the purpose of organ removal: A comprehensive literature review, Lengerich: Pabst Science Publishers, 2014. 12 UN.GIFT., ‘‘Human Trafficking for the Removal of Organs and Body Parts’’ 011 Workshop, 2008. United Nations, Vienna. http://www.ungift.org/docs/ungift/pdf/vf/backgroundpapers/ 13 Aronowitz, A. A., op. cit. 14 UNODC, ‘‘Trafficking in Persons, Global Patterns.’’ 2016, http://www.unodc.org/pdf/traffickinginpersons_report_2006-04.pdf. 15 Worst Form of Child Labour Convention, 1999 (No. 182) 16 ILO-IPEC, ‘‘Combating Child Labour and HIV/AIDS in Sub- Saharan Africa.’’ News Update: Archive, October, 2003. 17 Ibid. 18 UNITAR. “Human Trafficking and the Role of Local Governments - Good Practices, Challenges and Ways Forward”, 2014. 19 UNODC, op. cit. 20 UNICEF. ‘‘Trafficking in Human Beings, Especially Women and Children, in Africa.’’ http://www.unicef-irc.org/publications/pdf/trafficking-gb2ed-2005.pdf. 21 Aronowitz, A. A., op. cit. 22 UNITAR, op. cit. 23 UNICEF. n.d. ‘‘Trafficking Violates the Entire Spectrum of Children’s Rights.’’ The State of the World’s Children. http://www.unicef.org/sowc06/profiles/trafficking.php. 24 UNICEF Innocenti Research Centre (2003). Trafficking In Human Beings, Especially Women and Children, In Africa 25 Ibid. 44 University of Ghana http://ugspace.ug.edu.gh 26 GATW., “Human Rights and Trafficking in Persons: A Handbook”, Global Alliance against, (2000) 10386118 83018http://www.ungift.org/docs/ungift/pdf/knowledge/Human%20Rights%20and%20Trafficki ng%20in%20Person.pdf, (Accessed June 23, 2018). 27 Betz, D., “Human Trafficking In Southeast Asia: Causes and Policy Implications”. A master’s thesis: Naval Postgraduate School Monterey, California, 2009. 28 Logan, T.K., Walker, R., & Hunt, G., “Understanding human trafficking in the United States: Trauma, Violence, and Abuse”, 10(1), 2009, 3-30. 29 Kapur, R., “Travel plans: Human rights of transnational migrants”, Harvard Human Rights Journal, 18, 2005, 107-138. 30 Betz, D., op. cit. 31 UNPF., “International Organization for Migration, Female Migrants: Bridging the Gaps throughout the Life Cycle”, New York, 2006. 32 Betz, D., op. cit. 33 Emmers, R., "Globalization and Non-Traditional Security Issues: A Study of Human and Drug Trafficking in East Asia." IDSS Working Papers, no. 62, 2004, 1-26. 34 Ibid. 35 Ibid. 36 Feingold, D., "Human Trafficking", Foreign Policy, No. 150, 2005, 26-32. 37 Emmers, Ralf., op. cit. 38 Ibid 39 Piper, N., "A Problem by a Different Name? A Review of Research on Trafficking in South- East Asia and Oceania”, International Migration 43, No. 1 (2), 2005, 203-233. 40 Samarasinghe, V., “Confronting Globalization in Anti-Trafficking Strategies in Asia”, Brown Journal of World Affairs 10, No. 1, 2003, 91-104. 41 Betz, D., op. cit. 42 Ibid 43 Ibid 44 Ibid 45 Feingold, D., "Human Trafficking", Foreign Policy, No. 150, 2005, 26-32. 46 UNESCO., “Human Trafficking in Nigeria: Roots cause and recommendation”, Policy Paper Poverty Series, Paris, No 14 (2), 2006 47 Human Rights Watch., “Women’s Human Rights, World Report, 2002, p.8. 48 UNESCO., op. cit. 49 Rahman, M. A., “Human Trafficking in the era of Globalization: The case of Trafficking in the Global Market Economy”, Transcience Journal, 2(1), 2011, 60-62 50 Dougnon, I. “Child Trafficking or Labor Migration? A Historical Perspective from Mali’s Dogon Country”. Humanity 2(1), 2011, 85-105. 51 UNESCO., “Human Trafficking in Nigeria: Roots cause and recommendation”, Policy Paper Poverty Series, Paris, No 14 (2), 2006 52 Atuguba, R., “Human Trafficking in Ghana: A Review of Legislation”, International Labour Office Geneva, 2005. 53 Gyamfi, G. D., “International responses to human trafficking: The Ghanaian Experience, International Journal of Peace and Development, 2016, 1-7. 45 University of Ghana http://ugspace.ug.edu.gh 54 Ibid. 55 Atuguba, R., op. cit. 56 Ibid 57 Trafficking cases by the Ghana Immigration Service, 2017 58 Daily Graphic Report, Tuesday 23rd June 2009. 59 New Crusading Guide Report, March 12, 2014. 60 New Crusading Guide Report, March 12, 2014. 61 Ibid 62 Atuguba, R., op. cit. 46 University of Ghana http://ugspace.ug.edu.gh CHAPTER THREE SECURITY IMPLICATIONS OF HUMAN TRAFFICKING IN GHANA 3.0 Introduction The broader consequence of human trafficking have not received sufficient attention both in the academia and in the mass media unlike that of drug trafficking. This chapter looks at the violations of Ghana’s national security by human trafficking. The chapter also focuses on the anti-trafficking initiatives including legal instruments that have been adopted, the role of civil societies and the challenges associated with the fight against human trafficking in Ghana. The chapter is accordingly divided into three sections. The first section examines the security implications of human trafficking to both the individual and the state. Section two examines the anti-human trafficking initiatives that have been adopted by Ghana to facilitate the fight against human trafficking and the final section discusses some operational challenges in the fight against human trafficking in Ghana. 3.1 Security Implications of Human Trafficking The security implications of human trafficking are witnessed on the individual, community, national, regional, and global level.1 The effects are also experienced not only at the source countries but also at transit and host countries. This section will focus on the effects of human trafficking on the individual. 47 University of Ghana http://ugspace.ug.edu.gh 3.1.1 Human Security Human security, as defined by the United Nations, requires that “citizens have security in their daily lives from constant threats such as massive population movements, infectious diseases and long term conditions of oppression and deprivation”.2 Human trafficking however violates these defining elements of human security. The consequences of trafficking for the victims are severe and diverse. Once trafficked, and thereby exploited and harmed, an individual’s future opportunities in life are often very limited. In an interview with SUPOL Mike Baah, the Director of the Anti-Human Trafficking Unit of the Ghana Police, he stated that trafficked children are forced to work in fishing communities and urban centers. Some are also trafficked to Cote d’Ivoire to work on Cocoa Plantation farms. These children are deprived of the opportunity of obtaining education at crucial stages of their lives and this affects their development. He added that trafficked children to the fishing communities are made to engage in various activities including diving into deep waters to track fish movements or disentangle fishing nets from tree stumps. The children in the process sometimes drown or are attacked by dangerous marine animals. Apart from being denied access to education, these children are subjected to very dangerous activities which sometimes lead to loss of lives.3 SUPOL Baah further revealed that the health consequences of human trafficking are severe particularly as it involves sexual violence and sexual health. In relation to this, he stated that rescued victims of sexual exploitation sometimes report of being denied the right to protect themselves during sexual intercourse and this practice lead to some of the victims contracting sexually transmitted diseases including HIV/AIDS. This report is common to both Ghanaian victims that are trafficked abroad and foreign victims being exploited in Ghana. Apart from the 48 University of Ghana http://ugspace.ug.edu.gh fact that the victims stand very high chances of contracting these diseases, the victims help to perpetuate the spread of HIV/ AIDS due to the fact that they have multiple customers daily. HIV/AIDS spread into the larger community, affecting many individuals, compounding health costs, and increasing the mortality rate of the country. He further stated that Ghanaian victims that are trafficked for sexual exploitation, if they survive suffer from some psychological problems such as painful flashbacks anxiety, fear and panic attacks. Such persons also suffer from post-traumatic stress, depression and sleep disorders. He added that when the victims return home with these psychological problems, they become burdens to their communities and family members because the family members are sometimes not able to seek medical attention due the already existing poverty which influenced the desire to travel in the first place.4 In another interview with the Chief Executive Officer of SEWA Foundation, Mr. Jones Owusu Yeboah, he narrated the story of a Ghanaian woman who had been trafficked to Saudi Arabia. SEWA foundation become aware of her condition and hence rescued her. She reported to have been raped by four men which led to her pregnancy. According to Mr. Yeboah, the foundation supported Amina throughout her labour period. She delivered but she died soon after. The case is still under investigation but he cited it as an example of the ordeals some of the trafficked victims go through especially in the Gulf countries.5 3.1.2 Security Implications on the State Not only do human traffickers violate individuals' human rights and undermine their security, they also pose multiple security challenges to governments, especially if the government institutions are weak. An analysis of various scholarly work on the effects of human trafficking indicate that much have focused on the effects of on the victims in expense to the security 49 University of Ghana http://ugspace.ug.edu.gh implications on the state as a whole.6 This section will focus on the security implications of this heinous activity on the state. Human trafficking leads to the corruption of state official and also connected with some other transnational crimes such as money laundering, terrorism and drug trafficking. This is because once a trafficking network is functioning effectively, product diversification usually becomes easy.7 3.1.2.1 Corruption of State Officials Trafficking challenges states’ ability to control their borders as it determines who resides in the country. It also undermines the state because trafficking thrives more when government officials become complicit and corrupt. Ghana’s borders with neighboring countries are largely porous and unpatrolled for different reasons including insufficient personnel and equipment. In another interview with the Director of the Migration Bureau of the Ghana Immigration Service, Chief Superintendent Officer Pamela Cudjoe, she stated that traffickers illegally cross Ghana’s borders relatively undetected, however when detected, there are allegations of some corrupt border officials who accept bribe and allow the activity to continue. Despite these allegations, C/Supt Cudjoe stated that evidence available has not been sufficient enough to warrant prosecutions of these officials. According to her, Illegal border crossing violates Ghana’s sovereignty and territorial integrity. National security concerns are raised whenever there is a cause to unlawfully cross borders of a country. To corroborate C/Supt Cudjoe’s assertions, SUPOL Baah added that, the issue of traffickers corrupting officials does not pertain only to state officials but also ordinary Ghanaians working in other institutions especially in the banking sector. Reports indicate that some of the workers and owners of these banks assist traffickers to remit funds that are raised during the exploitation of the victims to the country of origin of the traffickers.8 50 University of Ghana http://ugspace.ug.edu.gh 3.1.2.2 Terrorism Even though Ghana has not witnessed any terrorist activities, we cannot say that Ghana is free from terrorist attacks because Ghana is located in a sub region where some countries including immediate neighbors of Ghana such as Burkina Faso and Cote d’Ivoire have been attacked by terrorist for various reasons. Human trafficking has been identified by the UN Resolution 2195 as one of the crimes that supports terrorism. This is because human trafficking apart from drug trafficking is the most profitable activity of all the organized crimes.9 Terrorists have over the years turned to human trafficking as their source of funding to facilitate their terrorist activities. Evidence to show that terrorists are one way or the other are engaged in human trafficking and that Ghana is not safe surfaced in 2009 when the United States Drug Enforcement Administration (DEA) apprehended Harouna Toure in Ghana. He was heading a criminal group that worked with Al-Qaeda affiliates in North Africa. Harouna Toure was accused of transporting cocaine through North Africa for $2,000 a kilogram, he was to pay part of the money to Al-Qaeda in return for their protection along the route. As part of the investigations he also discussed the possibility of kidnapping foreign nationals and trafficking them to raise money for the cause.10 This assertion by Toure establishes a strong correlation between human trafficking, drug trafficking and terrorist activities. According to SUPOL Baah, even though there are some groups including NGOs in Ghana that have links with some terrorist groups from Africa and Middle East, Ghana Police has not established any link between human trafficking and terrorist groups or activities in Ghana since the apprehension of Harouna Toure in 2009. 51 University of Ghana http://ugspace.ug.edu.gh 3.1.2.3 Money Laundering Human trafficking has given great impetus to the crime of money laundering whereby efforts are made to legitimize the proceeds obtained from trafficking through the banks. Money laundering is the practice whereby moneys generated through some illicit activities are reinvested into legitimate business to conceal the source of the money. Usually criminal organizations rely on financial institutions to be able to achieve this. Money laundering has become one of the largest crimes in the world today as it dictates the flow of other crimes. According to SUPOL Baah, during raids the police sometimes come across financial records of monetary transactions which show some form of remittances. The traffickers usually have bank accounts with some of the local banks and through these banks, money is remitted to the country of origin of the traffickers. During the raid in Takoradi in 2014, the police came across financial records which indicated that the traffickers remitted between 3000 and 5000 Ghana Cedis per transaction to China. The traffickers were able to do this through the assistance on some of the local banks.11 He further stated that there are other allegations of some traffickers investing their monies into the hospitality industries, specifically construction of hotels and guest houses in the country. 3.1.2.4 Drug Trafficking Traditionally, drug traffickers smuggle illicit drugs from South America and the Caribbean to Europe and the United States through the Atlantic Ocean however with stringent entry requirement for travelers from South America and the Caribbean to Europe and their continuous arrest, traffickers have identified West Africa, including Ghana as alternate routes to outsmart the security system in Europe.12 Victims of trafficking are sometimes used to transport drugs across these international boundaries. They are popularly referred to as ‘drug mules’. The 52 University of Ghana http://ugspace.ug.edu.gh victims (drug mules) are sometimes forced to swallow balloons filled with the illicit drug and once they reach their destinations, the balloons are recovered from the victims’ body.13 C/Supt Cudjoe asserts that the use of victims of human trafficking as drug mules is not a common phenomenon in Africa even though some cases have been recorded in Nigeria and South Africa. Ghana has not recorded any case of victims of human trafficking being use to traffic drug either into the country or from the country. She was however quick to add that when issues human trafficking are not addressed efficiently, we may get to that situation and it will be catastrophic for the country because the country is already struggling to combat drug trafficking on the continent.14 3.2 Anti trafficking policies The U.S. Department of State in 2009 introduced the 3P paradigm which includes prevention, protection and prosecution in the fight against human trafficking. A fourth P (Partnership) was later included to the paradigm to make it more comprehensive. Partnership was added in recognition to the fact that human trafficking is a transnational crime which will require effective cooperation and partnership among states.15 There is the need for a collaborated effort in terms of expertise, and efforts of individuals, civil society groups and governments across the world in areas such as human right protection, labour issues, employment and healthcare. An effective collaboration will enhance the fight against human trafficking. An important aspect of the fight against human trafficking involves the establishment of an anti- trafficking policy framework. The Policy frameworks for dealing with human trafficking in Ghana comprise the following: the Constitution, Acts of Parliament, Subsidiary legislation made 53 University of Ghana http://ugspace.ug.edu.gh on the authority of the Constitution or an Act of Parliament, and a number of key international instruments.16 3.2.1 The Constitution The 1992 Constitution is the fundamental law of the country. Chapter 5 of the constitution contains the fundamental human rights and freedoms. The last provision of the bill of rights posits that “the fundamental human rights as mentioned in the chapter are not exhaustive, they shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man”.17 Human trafficking however infringes the freedom and dignity of man and for this reason, unacceptable under the Ghanaian Constitution. For example human trafficking violates the right to movement, the right to personal liberty, dignity of the person as it involves holding the victim in servitude or slavery and also involves forced labour. This is in contravention of articles 14, 15 and 16 of the constitution. According to SUPOL Baah, the constitution does not treat human trafficking as a criminal offence but as an activity that infringes of the right of the victims. Trafficking itself will only be considered a crime if it is directly criminalized in a piece of legislation. In that regard, the procedure for dealing with alleged offenders will also be provided for by law.18 3.2.2 Criminal Codes SUPOL Baah further explained that until 2005, Ghana did not have a Human Trafficking Act law therefore law enforcement agencies had to deal with trafficking in persons under various sections of the Criminal Code with some elements of trafficking. An example is Section 107 of the Criminal Code which deals with the crime of procuration. Trafficking is also similar to 54 University of Ghana http://ugspace.ug.edu.gh slavery in many ways, consequently trafficking is recognized by some as modern day slavery. Slavery is prohibited in Section 314 of the Criminal Code, Act 29. Another crime in the Criminal Code that is related to trafficking is the offence of exposing a child to harm. Section 71 of the code provides that: ‘Whoever unlawfully exposes or abandons any child, under seven years of age, in such a manner that any harm is likely to be caused to it, shall be guilty of a misdemeanor.’ It follows that children under seven who are trafficked and exposed to all kinds of hazardous conditions of life and work may have their victimizers prosecuted under this section of the Criminal Code. 3.2.3 The Immigration Act, 2000 (Act 573) The Immigration Act according to C/Supt. Cudjoe was passed in the year 2000 to administrate immigration matters in Ghana. It was to provide a consolidation of the legislation on immigration and also deal with the admission, residence, employment and removal of foreign nationals and related matters. Section 8 of the Act deals with prohibited immigrants. The list of persons identified as prohibited immigrants includes any non-Ghanaian who attempts to bring into the country any person for the purpose of prostitution or other immoral purposes. Since human trafficking is also engaged by Ghanaians, C/Supt. Cudjoe stated that the Act is not adequate enough to deter Ghanaians from carrying out the act of trafficking. Section 24 of the Act also prohibits the employment of foreign nationals in Ghana except in accordance with a permit granted by the Immigration Quota Committee. The Immigration Act also posits that a foreign national who is a prohibited immigrant in Ghana without a valid permit or has broken any of the conditions upon which his permit was granted, is liable to deportation.19 55 University of Ghana http://ugspace.ug.edu.gh 3.2.4 The Human Trafficking Act, 2005 (Act 694) For a long time the absence of a Human Trafficking Act that would criminalize the activity and the gaps in the various legislative frameworks as enumerated above paved way for traffickers to carry out their activities within and across borders with impunity. Ghana finally passed the Human Trafficking Act, 2005 (act 694) into law and it is aimed at preventing, reducing and punishing human trafficking, and also for the rehabilitation and reintegration of trafficked persons and for related matters. The Act in defining trafficking takes into consideration the definition of trafficking as contained in the Palermo Protocol but covers more in terms of the chain of crime than that of the Palermo Protocol.20 When dealing with trafficking in persons, most countries emphasize primarily on the prosecution of offenders, border interdiction and cross border cooperation whiles ignoring the psychological trauma which victims of trafficking go through. This psychological condition requires for the provision of proper protective assistance and support to the victims. Act 694 deals with rescue, rehabilitation and reintegration of trafficked persons. There is also a provision for temporary care and financial support for victims. The Ministry of Women and Children’s Affairs now the Ministry of Gender, Children and Social Protection is tasked with providing temporary basic material support for the care and protection of rescued victims as well as equipping them with employable skills. The Ministry also in 2015 launched the Human Trafficking Prohibition Regulations, L.I 2219. The L.I forms part of efforts to standardize the effective implementation of the Human trafficking Act, 2005 (694). 56 University of Ghana http://ugspace.ug.edu.gh 3.2.5 International Conventions At the international level, Ghana has ratified or acceded to numerous international instruments in the form of conventions and protocols which help in the fight against human trafficking. It is important to note that some of the conventions may not be directly related to human trafficking but they deal with some related issues which are usually consequences of human trafficking. International conventions that seek to protect children against trafficking include the “UN Convention on the Rights of the Child and its optional protocol on the sale of children, child prostitution and child pornography”, “the African Charter on the Rights and Welfare of the Child” and the “ILO Worst Forms of Child Labour Convention No. 182”. Ghana was the first country in the world to ratify the UN Convention on the Rights of the Child 1989. This convention for example addresses the problem of trafficking and provides a “rights” based approach which aims to protect the rights of the child and to ensure the child develops in a peaceful, freedom and dignifying atmosphere. In order to fulfill its international obligations, Ghana enacted a Children’s Act in 1998. The Enactment of the Child’s Act 1998 and the Human Trafficking Act by Ghana indicates the country’s commitment to fight against human trafficking especially in women and Children. Ghana is also a signatory to The Worst Forms of Child Labour Convention, 1999 (No. 182). The convention is aimed at prohibiting and eliminating the worst form of child labour. The Minimum Age Convention was also adopted in 1973, Ghana however became a signatory to the Convention in 2011. This Convention also deals with child labour which is often a consequence of trafficking. The 1992 constitution of Ghana and the Children’s Act both prohibit the exploitation of children and related practices. Ghana is also a signatory to the Equal Remuneration Convention 1951, (No. 100). This Convention was adopted in 1951 in Geneva but it came into force in 1953. The purpose of the 57 University of Ghana http://ugspace.ug.edu.gh convention is to ensure that men and women are paid equal salary for work of equal value. Member states are obligated by the Convention to adopt legislations and other measures that will ensure that wages are determined in a way that replicates the principle of equal remuneration for men and women for work of equal value. Ghana is therefore bound by the obligations which the Convention imposes on member states. The 1992 Constitution of Ghana forbids discrimination of any form on grounds of sex.21 Finally, “The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Supplementing the United Nations Convention against Transnational Organized Crime” (the Palermo Protocol). It is a direct attempt at comprehensively defining trafficking in international law. The Protocol complements the United Nations Convention against Transnational Organized Crime and emphasizes the arrangement of an operative legal and law enforcement framework.22 The Palermo Protocol is aimed at “preventing and combating human trafficking, especially women and children, to protect and assist the victims of such trafficking, and to promote cooperation among states in order to meet those objectives”. The Protocol entered into force on December 25, 2003. As at 2010, Ghana had neither signed nor ratified the Palermo Protocol but Ghana’s obligation to adopt and implement legislations to prevent and prohibit the practice as mentioned in the Protocol was reflected in the adoption of the Human Trafficking Act in 2005, and the earlier ratification of the Children’s Act in 1988. It was later in 2012 that Ghana ratified to become a party to the Palermo Protocol. 58 University of Ghana http://ugspace.ug.edu.gh 3.3 Ghana’s Coordination with other States Ghana as a member of the AU is party to the Ouagadougou Action Plan to Combat Trafficking in Human Beings Especially Women and Children (Ouagadougou Plan of Action). This Plan of Action was approved by the Ministerial Conference on Migration and Development in November 2006 in Tripoli, Libya. It is a collaborated international framework between Europe and Africa to expedite action for the prevention, suppression and punishment of trafficking in human beings. The Action Plan upholds the Palermo protocol and its supplementary protocols particularly with regards to calls for the establishment of bilateral and multilateral co-operation and co-ordination in the campaign against human trafficking.23 As a member of the ECOWAS, Ghana has also ratified the ECOWAS Convention on Mutual Assistance in Criminal Matters (A/P.1/7/92). The convention became operational in 28th October 2003. The scope of application of mutual legal assistance, as defined by the convention in article 2 includes; taking evidence or statements from persons and assisting in assuring the availability of detained persons or others to give evidence or assist in investigations. Although the convention does not apply to extradition, it encourages cooperation among states and seeks to combat trafficking and other offences across borders. ECOWAS has also adopted the ECOWAS Initial Plan of Action against trafficking in persons (2002-2003). The document outlines the most urgent actions against human trafficking in persons to be taken by ECOWAS member states within the year 2002-2003, with the focus on criminal justice responses.24 In July 2006, the member states of both ECOWAS and ECCAS adopted a bi-regional plan. This bi-regional plan affirms the ECOWAS Initial Plan of Action against Trafficking in Persons and extends efforts to combat trafficking in the Central African region. This joint Plan of Action between ECOWAS and ECCAS member states is a response to the trafficking flows between the 59 University of Ghana http://ugspace.ug.edu.gh two sub-regions. According to SUPOL Baah, Ghana collaborates with other source, transit and destination countries through these international conventions and Plans of Action. Ghana signed an agreement with Cote d’Ivoire in 2006. The agreement between the two countries is to formally establish a cooperation between the two countries with respect to the fight against human trafficking. This was the first bilateral agreement Ghana signed with the aim of combating human trafficking. Ghana also in 2015 signed the Child Protection Compact Partnership with the United States to help fight child trafficking in Ghana. 3.4 The Role of Civil Societies Civil societies have a key role to play in countering human trafficking. There are a number of NGOs and international organizations positively working to end human trafficking in Ghana. Free the Slaves, Partners in Community Development, International Needs Ghana, SEWA Foundation, International Justice Mission, Challenging Heights and International Organization for Migration are just a few of the organizations working in this area, particularly in the prevention, rescue, care, shelter and rehabilitation of victims. According to Mr. Owusu Yeboah, the most important activity of most of these civil societies in Ghana is the creation of public awareness about the dangers associated with human trafficking. These NGOs collaborate with the media especially the electronic media to create awareness. Apart from the use of media, the civil societies employ other strategies of creating awareness. Mr. Owusu Yeboah asserts that SEWA Foundation for example is collaborating with VIP Bus Service to show documentaries of trafficking on DVDs with the help of their audio-visual facilities which they use to entertain passengers on their journeys. The documentaries are also to be shown in churches during outreach programs. Mr. Owusu Yeboah further stated that some of 60 University of Ghana http://ugspace.ug.edu.gh the civil societies including SEWA Foundation help with the repatriation of victims and provide shelters for domestic as well as returning victims of human trafficking.25 According to C/Supt Cudjoe, Ghana as a country does not have adult shelters to house trafficked victims for that matter the country has to rely on shelters provided by the NGOs to house the victims. Mr. Owusu Yeboah further stated that civil society groups also collaborate with law enforcement agencies to intercept traffickers and victims at border crossing points and also provide information received from the victims on the traffickers to facilitate their prosecution. His assertion was corroborated by SUPOL Baah. He believes that anti-human trafficking NGOs in Ghana have played crucial role in the fight against human trafficking over the years. He recounts how the security agencies fall on these NGOs when they require any form of assistance. According to SUPOL, media houses are always readily available to assist the security agencies when there is the need for the dissemination of any kind of information relating to human trafficking. Civil societies have also been engaged in rescue operations both within and outside the country. Mr. Yeboah mentioned that the foundation together with its partners including the Association of Ghanaian Residence in Kuwait (AGRIK) were able to rescue more than sixty-eight human trafficking victims and stranded migrants from the Gulf Region between 2014 and 2015. Civil organizations in some societies put pressure on governments and multilateral institutions to develop laws, enforce legislation, and implement national counter-trafficking strategies according to SUPOL Baah. In Ghana, UNICEF together with the government of Ghana and some civil societies have collaborated in the drawing of a National Plan of Action for the Elimination of Human Trafficking in Ghana. 61 University of Ghana http://ugspace.ug.edu.gh 3.5 Challenges in the Fight against Human Trafficking The fight against human trafficking in Ghana is not without challenges. This section discusses some of the challenges that stakeholders face in the prevention of human trafficking in Ghana. Some of the issues identified by the study as major challenges include; resource constraints, unwillingness to prosecute suspected criminals, lack of public awareness of human trafficking in Ghana and lack of social protection system. 3.5.1 Resource Constraints Fighting human trafficking in Ghana is resource driven. These resources include funds, logistics and personnel. According to SUPOL Baah, the Anti-human Trafficking Unit is a specialized agency of the Police Service that requires a police force with some requisite skills in the field of human trafficking to help in the fight against the canker but the unit is suffering from low staffing and this poses a great challenge to the fight against the menace especially when it comes to carrying out operations in the field. He further stated that the Anti-human Trafficking Units at the various regions of the country except in Accra, Central region and Volta region are immobile, that is they lack vehicles to carry out their activities which affects their operations. The challenges are not only limited to resource constraints but also financial. According to Mr. Jones Owusu Yeboah of the SEWA foundation, rescuing trafficked victims sometimes require the payment of some amount of money before the victims are released by the traffickers. This is because the victims are debt bonded hence monies need to be paid before their release.26 The lack of shelters to house the victims after their rescue is another resource constraint. For this reason some of these victims are kept in the police cell which SUPOL Baah describes as not being ethical. 62 University of Ghana http://ugspace.ug.edu.gh 3.5.2 Unwillingness to Prosecute Suspected Criminals A major gap is witnessed when the number of identified victims is compared to the number of those prosecuted. The number of victims recued during the process of trafficking and during the exploitative stage represents the tip of the iceberg because a substantial number of these traffickers smuggle the victims in and out unnoticed under the nose of law enforcement officials. In the worst case scenario they are identified as criminals rather than victims of crime.27 SUPOL Baah stated that before the passing of the Human trafficking Act, alleged traffickers were charged with offences such as procuration, kidnapping, abduction or child stealing. The sentences for such offences were not punitive enough or commensurate with the offence of trafficking. The passing of the act however has salvaged the situation in that regard but another challenge is getting victims to testify against the perpetrators of the crime. Most of the victims according to SUPOL Baah are not willing to testify against the traffickers due to the cost involved in going to court and the general inclination of Ghanaians not to get mixed up with Police and court affairs for fear of retaliations. Sometimes traffickers, because they have money find ways to compensate the victims and their families. Consequently victims do not cooperate with the security agencies and the courts to investigate and punish persons charged with trafficking related offences. Victims refuse to testify and the result is that most cases are left pending or are struck out for lack of evidence. This problem is made worse when the offender is probably the breadwinner of the family. In such situations other family members discourage the victim from testifying against the offender.28 63 University of Ghana http://ugspace.ug.edu.gh 3.5.3 Lack of public awareness Whiles contending with meager resources and non-prosecution, another challenge of fighting human trafficking in Ghana is the lack of awareness. Both SUPOL Baah and Mr. Owusu Yeboah complained about the level of awareness of the menace in Ghana. Security agencies and NGOs are working in that regard to create the awareness but their efforts have not been enough. According to Mr. Owusu Yeboah, human trafficking is so pervasive yet so misunderstood by most Ghanaians. He would prefer to refer to it as “modern slavery” which is more explanatory than “human trafficking”. Most Ghanaians do not also have any idea about the types and dimensions of the phenomenon, its effect on the victim and the society as a whole. Victims of trafficking also lack awareness on the role they can play to prevent the crime and assisting in the apprehension of offenders. Due to the lack of awareness, many Ghanaians who wish to travel in search of better working prospects but do not have adequate migration opportunities often become victims of human trafficking. 3.5.4 Lack of Victims’ Protection Scheme Another challenge confronting Ghana’s fight against human trafficking is the lack of Victims’ Protection Scheme to offer assistance to victims of trafficking after their rescue. Victims may have suffered severe trauma upon being rescued hence they require a social protection system that will help support them and facilitate their successful reintegration into the society from which they came from. In strict sense these victim support systems must be present both in the destination country and the source country of the victim. According to C/Supt. Cudjoe, the victims in most cases do not receive any form of assistance in the destination country and when they reach Ghana, The country also lacks the necessary support systems which include the 64 University of Ghana http://ugspace.ug.edu.gh provision of a physically secured and safe environment to help the victims recover. These include shelter, medical, psychological, and legal support systems. According to her these assistance strategies are aimed at safely returning and reintegrating the trafficked victims into their communities. Sometimes the victims may not wish to return home due to the feeling of shame and the fear of being stigmatized having worked as prostitutes, fear of reprisals from the traffickers and the fear of being rejected by family members. Due to the lack of these social protection systems the victims sometimes become social misfits thus raising their chances of being re-trafficked.29 3.6 Conclusion The study sought to identify the national security implications of human trafficking, examine the compatibility of Ghana’s trafficking legislations with the provisions of international conventions and protocols, ascertain Ghana’s collaborative efforts with other states and examine the role of civil societies in the fight against human trafficking in Ghana. Based on the data gathered, it has been established that the implications on human trafficking are more evident at the individual level than at the state level. At the individual level, the data indicate that human trafficking leads to the development of some psychological problems and diseases such as HIV/AIDS. The victims sometimes become social misfits due to the feeling of shame of being sexually exploited. With regards to the implications at the state level, the data gathered shows that human trafficking leads to the corruption of officials which destroys the moral fiber of the country. It also leads to the generation of a culture of corruption as a way of life for survival in the contemporary Ghanaian society. Profits from human trafficking activities are also remitted to 65 University of Ghana http://ugspace.ug.edu.gh source countries of the traffickers through the use of our local banks. Money laundering undermines the financial institutions in the country, it also negatively affect Ghana’s economic, social and political well-being. Money laundering also destroys Ghana’s reputation in the international system. With respect to drug trafficking and terrorism, the data suggest that there is no link between drug trafficking, terrorism and human trafficking in Ghana. It is however important to note that activities of human trafficking are carried out in a highly clandestine manner. Lack of in-depth investigations and detailed records of trafficking activities can lead to inaccuracies with respect to its impact on the country. Apart from the 1992 constitution that upholds the rights of citizens, Ghana has also passed certain Acts such as the Immigration Act, 2000 and the Human Trafficking Act, 2005. Apart from these local laws, Ghana has acceded to various international conventions. An analysis of the laws shows compatibility between the local laws and the international convention including the Palermo Protocol which is the main convention to fight global human trafficking. In this regard, Ghana does not have a problem with the availability of laws, the main problem is with the effective implementations of the laws. Furthermore, Ghana is able to collaborate with other states through the conventions and the regional Action Plans which dictate how states should cooperate with each other to help in the fight against human trafficking. Apart from these Action Plans, Ghana also has bilateral relations with some countries in the fight against human trafficking. The exchange of intelligence with regards to human trafficking is one of the ways that Ghana cooperates with other countries. A challenge with regards to the collaboration is the different level of seriousness that states attach to the fight against the canker. This invariably affects the collaboration that exists between the states. 66 University of Ghana http://ugspace.ug.edu.gh Finally, civil societies have been integral in the fight against human trafficking in Ghana. They have been engaged in the creation of awareness, rescuing and proving shelters for victims of human trafficking, collaborating with security agencies to arrest and prosecute traffickers and collaborating with government to adopt policy documents pertaining to human trafficking. 67 University of Ghana http://ugspace.ug.edu.gh 3.7 Endnote 1 Shelley, L., Human Trafficking: A global Perspective New York: Cambridge University Press. (2010). 2 Jan van Dijk, “Human Security: A New Agenda for Integrated Global Action,” Vienna, 2004, 3 Interview, SUPOL Mike Baah, Accra, 4th June, 2018 4 Ibid. 5 Interview with Mr Jones Owusu Yeboah, Accra, 3rd May, 2018 6 Bosco, F., di Cortemiglia, V. & Serojitdinov, “Human Trafficking Patterns,” in Friesendorf, Strategies Against Human Trafficking, 74; H. Ward and S. Day, “What Happens to Women Who Sell Sex?, 2009 7 Abosede O. B., “Human Trafficking and Transnational Organized Crime: Implications for Security in Nigeria” Vol. 46, No. 1, 981, p. 61-64 8 Interview with C/ Supt. Pamela Cudjoe, Accra, 11th June, 2018 9 UN Resolution 10 Gonzalez, G., “The Nexus between Human Trafficking and Terrorism: Combating Human Trafficking By Creating a Cooperative Law Enforcement System” Law School Student Scholarship, (2013), p 227. 11 Interview with SUPOL Mike Baah, Accra, 4th June, 2018 12 Azure, F.J., “The Custom and Preventing Service and Cross Border Crimes Management: A case Study of the Eastern Frontier of Ghana”, Accra, 2009. 13 https://www.unodc.org/southasia/frontpage/2012/october/drug-mules_-swallowed-by-the- illicit-drug-trade.html 14 Interview with C/ Supt. Pamela Cudjoe, op. cit. 15 16UNITAR. “Human Trafficking and the Role of Local Governments - Good Practices, Challenges and Ways Forward”, 2014 16 Atuguba, R., “Human Trafficking in Ghana: A Review of Legislation”. International Labour Office Geneva, 2005 17Article 33(5) of the 1992 Constitution 18 Interview, SUPOL Mike Baah, op. cit. 19 Interview, C/ Supt. Pamela Cudjoe, op. cit. 20 Atuguba, R., “Human Trafficking in Ghana: A Review of Legislation”. International Labour Office Geneva, 2005 21Article 17 of the 1992 Constitution. 22Atuguba, R., op. cit. 23 Ibid 24 Ibid 25 Interview with Mr Jones Owusu Yeboah, Accra, 3rd May, 2018 26 Ibid 27 Interview with SUPOL Mike Baah, op. cit. 28 Ibid 29Interview with C/ Supt. Pamela Cudjoe, op. cit. 68 University of Ghana http://ugspace.ug.edu.gh CHAPTER FOUR SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 4.0 Introduction This chapter is the concluding part of the research which was set out to examine the security implications of human trafficking using Ghana as a case study. The study focused on the negative impacts of human trafficking on Ghana’s national security. Data and other relevant information were obtained from official sources through interviews and interactions with officials from both security agencies and non-governmental agencies whose activities and duties have a direct bearing on the research topic. The chapter consists of the summary of the major findings of the research in consonance to the objectives set at the beginning, the conclusions drawn from the findings and some recommendations. The chapter is therefore divided into three sections with each section dealing with the issues raised. 4.1 Summary of Findings Ghana is currently branded as a source, transit and destination country for the trafficking of persons especially women and children. For three consecutive years Ghana has remained on the Tier 2 Watch List of the Trafficking in person report which is associated with violence, debt bondage, exploitation and deprivation of the freedom of the victims, confiscation of travelling and other documents. This means for three years, the Government of Ghana has not fully met the 69 University of Ghana http://ugspace.ug.edu.gh minimum standards for the elimination of trafficking even though it has made significant efforts to do so. The causes of human trafficking in developing countries can be grouped into two categories, those causes which are universal and those that are specific to the politics, cultures and economy of individual countries. Examples of the universal causes include lack of awareness, poverty, globalization and issues of women’s rights. Examples of causes which are specific to the African context include weak legal frameworks, pervasion of cultural traditions and conflicts. The research found out that increased human trafficking will likely increase threats to Ghana’s security. Persons who are trafficked are exploited and harmed in diverse ways those who survive are permanently psychologically damaged, suffering from fear, anxiety and depression. Victims also stand high chances of contracting HIV/AIDS especially those who are trafficked for the purpose of sexual exploitation. At the state level, human trafficking is deeply associated with other transnational crimes such as terrorism, money laundering, drug trafficking and the corruption of state officials. These crimes if not dealt with can undermine the entire security apparatus of the state. Ghana’s quest to prevent human trafficking has led to Ghana’s accession of various international protocols and conventions which have been formulated to aid in the fight of the menace. These conventions and protocols include: Convention on the Rights of the Child, 1989, The Worst Forms of Child Labour Convention, 1999 (No. 182), The Minimum Age Convention and the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol). Ghana being a member of regional and sub-regional bodies like the AU and ECOWAS is a party to various Action Plans including the Ouagadougou Action Plan to combat human trafficking and ECOWAS Initial Plan of Action against trafficking in persons 70 University of Ghana http://ugspace.ug.edu.gh (2002-2003). With regards to bilateral agreements, Cote d’Ivoire remains the only country in Africa that has an agreement to establish a formal basis of co-operation with Ghana in the fight against human trafficking nonetheless Ghana has a partnership with the United States, known as the Child Protection Compact (CPC) Partnership which is the first-ever jointly developed plan by the two countries to address forced child labour and child sex trafficking in Ghana. Apart from these international protocols, Ghana also has internal policy frameworks which deal with human trafficking. These include the 1992 Constitution and Acts of Parliament including the Immigration Act, 2000 (Act 573) and The Human Trafficking Act, 2005 (Act 694). The key institutions that deal with cases of human trafficking in Ghana include the Ghana Police specifically INTERPOL Ghana, and the Anti-Human Trafficking Unit (AHTU), and the Anti- Human Smuggling and Trafficking in Persons (AHSTIP) Unit of the Ghana Immigration Service (GIS). There is also the Ministry of Gender and Social Protection, the Department of Social Welfare, and the Attorney General’s office. Apart from these governmental agencies, there are also NGO’s working and international organizations working together to help combat trafficking in Ghana. Some of these include SEWA Foundation, Challenging Heights, UNICEF and IOM. These institutions collaborate with each other to embark on sensitization programs and other strategic measures to address the issue of human trafficking in Ghana and across borders. There are however very serious challenges that impede effective anti-trafficking operations in Ghana. Some of the challenges identified include resource constraints, unwillingness to prosecute suspected criminals, lack of public awareness of human trafficking in Ghana and finally, the lack of a proper social protection scheme. 71 University of Ghana http://ugspace.ug.edu.gh 4.2 Conclusion The research set out to examine the security implications of human trafficking in developing countries using Ghana as a case study and the policies and legal instruments aimed at preventing human trafficking as well as factors that prevent their full implementation. The study also examined Ghana’s collaborative efforts with other states in combating the menace and the role played by civil societies. In the course of the research, literature was reviewed extensively on the concept of human trafficking, the types, the processes involved in the crime and the main causes of the crime. From the data gathered we can firmly state that human trafficking has very serious security implications for the state and that increased human trafficking will increase threats to National Security in Ghana. It is a fact that Ghana may not have experienced some of the security challenges associated with human trafficking yet, for example terrorist activities but this does not change the narrative that terrorists can use trafficking of persons as a conduit to gain access into the country and for this reason if human trafficking is not checked, it can lead to terrorist activities in Ghana. The security implications on the individual however are more vivid. With regards to mechanisms to curb the menace of human trafficking in Ghana, the study gathers that, Ghana as a country has enough mechanisms in the form of policies and legislative instruments to be used in the fight against human trafficking. Some of which are international conventions and protocols that Ghana has acceded to whiles others were developed domestically. The research indicates that the domestic legislations are of international standards aimed at curbing human trafficking. Simply put we have enough laws and policies to fight the canker. The problem is in respect to the implementation of the available laws and policies both at the 72 University of Ghana http://ugspace.ug.edu.gh local level and the international level. The research also reveals that there are several civil society groups working in the country to assist in the fight against human trafficking. The main challenge in the fight against trafficking is the lack of resources in terms of logistics, finance, and personnel. Security agencies are also not able to secure convictions against traffickers due to lack of evidence. These challenges notwithstanding, successive governments have made efforts to curb the menace but the efforts have not been enough. It is therefore imperative for the government to commit itself fully to the fight against human trafficking to preserve the security of the country. 4.3 Recommendations • Poverty Alleviation One of the key factors that have been identified as a cause of human trafficking is poverty, caused by the lack of economic, social and political opportunities. To be able to combat human trafficking, it is very crucial for government to address the causes of poverty. Government can eradicate poverty by creating more jobs and expanding already existing ones. Government alone will not be able to achieve this feat for this reason it is important for the private sector to partner the government in the provision jobs to the vulnerable people in the society. This means that the government will have to create the necessary conditions that will attract more investors both locally and internationally. To eradicate poverty, it is also important for the government to invest in education, especially girl child education. When women are educated, it impacts the rest of the society and it also affects their social standings and brings about more economic opportunities. When education is easily accessible, people become enlighten and they also acquire employable skills. Such persons are less likely to be influenced by traffickers. 73 University of Ghana http://ugspace.ug.edu.gh • Awareness Creation The UNODC as part of its measures to fight human trafficking recommends for the creation of awareness by informing the world of the crime and mobilizing people to fight it. Awareness creation campaigns by the government, security agencies and civil society groups must be enhanced. This can be achieved by committing more resources to raise awareness through the use of the media both print and electronic. Education programs should be organized at schools as a way of sensitizing children. Another way of creating awareness is by engaging religious leaders. Ghana is a highly religious country whereby religious teachings shape the behaviors of the followers. Government and civil society organizations should partner religious leaders by making them anti-trafficking ambassadors. These leaders can educate the people during service periods or invite resource person to do the education. This will help to enlighten Ghanaians of the modus operandi of the traffickers and the consequence of the activity. This will also help people to acknowledge the need to contribute to eradicate or reduce the menace to the barest minimum. It is important to note that no single country can reduce trafficking in persons and other transnational organized crimes unilaterally. A restructuring of the international order and increased international cooperation are necessary in this regard. Apart from the various action plans of the regional blocs, it is important for Ghana to forge partnerships with other source and destination countries to help in the fight against the menace. • Implementation Ghana has very good laws to curb human trafficking in Ghana and even internationally. The problem has got to do with its implementation. The government must ensure the effective implementation of domestic laws pertaining to human trafficking and also all international laws 74 University of Ghana http://ugspace.ug.edu.gh and regulations, in particular the Act 694 and the Palermo protocol (2000). In order to provide an environment conducive for the elimination of human trafficking in Ghana, the focus must be on all forms of trafficking including trafficking in children, and not limited to trafficking for prostitution and sexual exploitation. It is also necessary for member states of various regional blocs including ECOWAS and the AU to work towards harmonizing their legislations against human trafficking and ensure that regional agreements in terms of Action plans are adhered to by member states. In order to ensure effective implementation, there is the need for capacity building in terms of criminal justices responses in investigation and prosecuting crimes of human trafficking, victim support, the protection of the rights of migrants and international cooperation. • Resources The government, backed by political will must make a conscious effort to equip human trafficking agencies with the needed logistics to enhance their work in the fight against human trafficking. Security agencies for instance must be equipped with the right tools and gadgets to combat trafficking of persons. 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