Fighting Human Trafficking in Southeast Asia. Legal analysis of female trafficking for sexual exploitation and forced marriage in Myanmar and China.

Abstract

In recent decades, trafficking in persons became one of the leading and most problematic global issue of the 21st century, as a hidden evil that affects everyone, especially women and children. This thesis in-depth scrutinizes human trafficking, focusing in particular on the abduction of women and young girls, sold regardless of age for sexual exploitation and as "brides" of forced marriages. Specifically, it focuses on the fruitful business of trafficking in women between China (specifically the province of Yunnan) and Myanmar (Kachin and Shan States). As known, human trafficking in Asia is still a pervasive and not adequately addressed issue, as revealed by the latest annual report on trafficking in people from the US State Department. This report ranks countries according to their governments' efforts to meet the minimum standard set by the Trafficking Victims Protection Act of 2000 for the abolition of human trafficking. No ASEAN country managed to rank in Tier 1. In particular, China and Myanmar are placed at Tier 3, the last level, as they are among the worst countries regarding policies and efforts employed against trafficking in persons. The thesis is divided into three chapters, preceded by an introduction dedicated to the conceptual remarks of human trafficking. Subsequently, Chapter I describe the international legal system. Starting from a historical excursion, it presents the motivations leading many scholars to define trafficking in persons as "modern slavery," associating human trafficking crimes with slavery acts of the colonialist period. It analyzes the primary documents and agreements used in the international system, focusing on the instruments used against the exploitation of women and girls. Chapter II deals with legal tools and conventions adopted by the South-east Asian regime. After introducing the uniqueness of South-east Asia trafficking, the Chapter analyzes the strategies taken by ASEAN, focusing on ratified documents, which as will be seen, are considered weak and ineffective. Finally, the final Chapter III discusses the relations between the two countries mentioned above, China and Myanmar. It briefly addresses their historical and cultural backgrounds favoring the spread of human trafficking, presenting the conditions of women according to Chinese culture. Specifically, Myanmar (or Burma), is located in a strategic central location for human trafficking flows, conveniently between China and Thailand, and characterized by porous borders and a rapidly expanding economy of sex trafficking. In this regard, the Chapter focuses on women trafficked between Myanmar's border states of Kachin and Northern Shan and the Chinese province of Yunnan. The Chapter ends presenting a conclusive investigation of the anti-trafficking legal instruments carried out by both countries and the reasons why these strategies are not adequate and sufficient.​