Informing rights-based challenges to mainstream policy responses to human trafficking
Submitting Institution
University of NottinghamUnit of Assessment
Social Work and Social PolicySummary Impact Type
SocietalResearch Subject Area(s)
Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Demography
Summary of the impact
O'Connell Davidson's pioneering research delivered the first systematic
study of the demand for prostitution and domestic work and contested
mainstream policy responses to human trafficking, childhood and migration.
Through adoption by international agencies, citation by leading global
organisations, speeches at international conferences and via media debate,
the research findings have been influential in informing UK legislation,
redefining the focus of international policy on human trafficking and
encouraging children's NGOs to adopt new approaches to child migration and
trafficking.
Underpinning research
The key researcher for this case study is Professor Julia O'Connell
Davidson, School of Sociology and Social Policy, University of
Nottingham, August 2001 to present.
In 2001-2, the Swedish Ministry of Foreign Affairs, the Swedish
International Development Cooperation Agency (SIDA), and Save the Children
Sweden commissioned O'Connell Davidson and Professor Bridget Anderson
(Oxford University) to undertake a multi-country study on the demand
for services provided by trafficked persons in the sex and domestic
work sectors (6). This study addressed conceptual and definitional
problems associated with the term `trafficking' and the tension
between States' concern to control borders and manage migration, and their
obligations to respect, protect and promote universal human and child
rights. This tension makes it difficult to draft and enforce
appropriate legislation intended to protect vulnerable adult and
child migrants. The research findings were published by Save the Children
Sweden and the International Organization for Migration (1).
Following this, O'Connell Davidson and Anderson developed the research
through an ESRC funded project in 2002-6 (7) on demand for migrant sex
and domestic workers in the UK and Spain. The project collected
interview and survey data from migrant domestic and sex workers, their
clients and employers, and non-migrants in comparable situations. As a
result it was able to shed novel light on the complexities and
contradictions which are actually present in this controversial field.
O'Connell Davidson focused primarily on prostitution (2, 3) and Anderson
on domestic work. Both projects addressed questions about trafficking of
children and adults.
In 2007 Save the Children Sweden commissioned O'Connell Davidson to
produce a report on child migration (8) that focused on child
trafficking in the broader context of migration in Europe and the
ways in which immigration regimes produce children's vulnerability to
exploitation and abuse (4, 5).
This corpus of research over a 6 year period challenged three key
assumptions concerning human trafficking.
- Conventional wisdom has approached trafficking as a criminal justice
issue, with policy makers assuming it primarily affected the sex sector
and could be combated through legislation to criminalise the purchase of
trafficked persons' labour/services. The research revealed that
exploitation of migrant labour is not confined to the sex sector, but is
found in numerous sectors where there is demand for cheap and dependent
workers. This demand is shaped by a complex and interlocking set of
political, social, institutional and economic factors. Thus, it is difficult
to tackle demand for `trafficked' labour without addressing demand for
vulnerable and unprotected labour per se.
- It has often been taken as self-evident that demand for prostitution
was a `root cause' of trafficking. However, interviews with sex workers
and their clients, and survey data revealed that customers were not a
homogeneous group in terms of their practices, interests or propensity
to pay for sex with children or with women forced into prostitution. A
`market' for the services of sex workers is not synonymous with a
`market' for the services of vulnerable migrant young women and
children.
- O'Connell Davidson's work on children, trafficking, and migration
emphasises that children are not always forced to move by exploitative
adults but can be authors of their own migratory projects; and that
trafficking is not the only or primary risk to children who migrate. It
highlighted the many ways in which States are a source of harm to
children through their immigration policies. In particular the work has
identified ways in which describing certain forms of child migration
as `trafficking' might enable immigration control, but conflicts with
children's rights and interests.
References to the research
The quality of underpinning research is evidenced by the fact that the
following outputs have been published in peer-reviewed journals or are the
result of a commissioned or peer-reviewed funding process.
Research outputs
5. O'Connell Davidson, J. (2011) `Moving children? Child trafficking,
child migration, and child rights', Critical Social Policy, Vol
31, 454-477.
Research grants
6. Joint PIs: Professor Julia O'Connell Davidson and Professor Bridget
Anderson. Multi-country study on demand-side of trafficking, Swedish
Ministry of Foreign Affairs, Swedish International Development Cooperation
Agency and Save the Children Sweden, 2001-2002, £53,400.
7. PI: Professor Julia O'Connell Davidson. The Market for Migrant
Domestic and Sex Workers, ESRC, 2002-2006, £249,205.
8. PI: Professor Julia O'Connell Davidson. Report on child migration,
Save the Children Sweden, 2007, £9,000.
Details of the impact
The research in this case study has had an impact on the following four
areas of policy and practice:
Influencing UK legislation
In 2008, the Government considered proposals to introduce legislation
criminalising the sex buyer in England and Wales. The proposal was
presented as an anti-trafficking measure, as it was claimed that the
majority of sex workers in the UK were victims of trafficking.
However, groups opposed to these proposals (including Safety First
Coalition, English Collective of Prostitutes, x:talk project collective,
International Union of Sex Workers) drew upon O'Connell Davidson's
research to challenge such assertions and to lobby more effectively
against Clause 13 (subsequently Clause 14) of the Policing and Crime Bill,
2009 (A,B,C). The English Collective of Prostitutes have said "Prof
O'Connell Davidson's research was crucial in the run up to the
introduction to the 2009 Policing and Crime Act... [lending] invaluable
weight and credibility to our work" (A).
The research influenced and informed Parliamentary debate. The
Government ultimately enacted a revised version of the original
proposals, criminalising the purchase of sexual services from
prostitutes subjected to force, not the purchase of sexual services all
together (as set out in the 2009 Bill).
Influencing international agencies/global organisations
The research has been adopted and widely referenced in reports by
international agencies pressing States to address the labour and
migration policies that co-construct demand by leaving some groups
vulnerable to exploitation. This includes the International Labour
Organisation (D), the Organisation for Security and Co-operation in
Europe's Office for Democratic Institutions and Human Rights (E), the
Council of Europe and the International Organization for Migration. The
research funded by the Swedish Ministry of Foreign Affairs (6) was the
first systematic study of demand, and its findings, as well as those
of the ESRC funded research (7), in the words of the Executive Director
Anti-Trafficking, Austrian Institute for International Affairs (OIIP),
have:
"had and will have a strong impact on further approaches and responses
to the complex problem of human trafficking, in the sense of enabling
decision-makers, stakeholders, NGOs and International Organizations
(such as UNODC, OSCE, IOM, ICMPD...) and politicians to shift the terms
of international policy debate on the demand side away from mere guesses
and ideologically-rooted suppositions to addressing the conditions that
make persons vulnerable to trafficking". (F)
The work has also been instrumental in providing an evidence base for
NGOs lobbying for trafficking to be understood as a product of
restrictive immigration controls, and not merely organised criminality or
demand for prostitution (A, G, H).
Influencing the work of NGOs on child migration
In addition to influencing international NGOs addressing trafficking in
general, the work of NGOs on child trafficking has also been
informed by the research. O'Connell Davidson's work on children's agency
within migration and the identified need to build resilience among migrant
children to protect themselves against trafficking and exploitation was
the focus and starting point for a discussion forum attended by 115
researchers and NGO representatives from across Europe at an NGO
conference on child migration. Participants considered how research can
`influence actual changes for children in migration', and a quote from
that report illustrates how this research has shifted thinking in the
field of migrating vulnerable people:
"If [Anderson and O'Connell Davidson's] conclusions are correct, which
I think they are, we have to ask ourselves if we, as NGOs, have accepted
simplifications in analysing root causes and effects of migration based
on binaries such as, internal versus international migration, voluntary
versus forced, temporary versus permanent, legal versus illegal and so
on. And that we by accepting those simplifications may have fed
ineffective means and even advocated for inadequate solutions for
children in migration. Further, we might have focused too much on media
coverage and funding results". (I)
These comments signalled a change in NGOs' attitudes and approach to
child trafficking that was informed and influenced by the research
and which continues to the present day (J). The research has also informed
the design of a multi-country initiative (GATE project) working with child
migrants funded by the Italian branch of the charity `Defence for Children
International' (J) and O'Connell Davidson has been invited to act as a
scientific advisor on this project as the expert in the field.
Actively informing and changing attitudes
O'Connell Davidson has actively raised awareness of issues concerning
children, trafficking, and migration among UK and European government
officials, policy makers, law enforcers, non- governmental organisations
and trade unions. O'Connell Davidson spoke on trafficking at the RCUK All
Party Group for Global Uncertainties, House of Commons, November
2012. The research was cited by the Council of Europe in the
background paper (K) for a conference on preventing trafficking in human
beings in Bulgaria, December 2012, which brought together around 130
Ministers, civil servants, law enforcement agents, and non-governmental
actors from the 47 Council of Europe members States.
O'Connell Davidson was also invited to give a keynote address at this
conference and to run an expert workshop on the demand-side of
trafficking. In June 2013, she was invited to speak at the Organisation
for Security and Co-operation in Europe annual alliance against
trafficking conference (attended by more than 300 senior government
officials, national anti-trafficking rapporteurs, representatives from
NGOs, law enforcement agencies and trade unions) (L). She also gave a
keynote at the Dialogue Forum of the Austrian Government's
Anti-trafficking Regional Implementation Initiative in June 2013, a
meeting of around 50 governmental and non-governmental actors and law
enforcement officials from 15 European States (F).
The research also featured in media debate on prostitution policy.
O'Connell Davidson was invited to participate in a debate with Fiona
MacTaggert MP in the March 2008 edition of Prospect Magazine
(M) (circulation c.32,000); she appeared on More or Less, BBC
Radio 4 (c.1.4m listeners) on 9 January 2009 to debate the reliability
of statistics being cited by MPs pressing for criminalisation of the
purchase of sex, and her critique was reproduced in a Guardian
article (print circulation c.311,000) by Nick Davies on 20 October 2009
(N), who had approached O'Connell Davidson when researching the piece.
Sources to corroborate the impact
A. Letter from Spokesperson for the English Collective of Prostitutes.
B. `Criminalisation of Sex Workers Must be Opposed', x:talk project
collective.
http://www.indymedia.org.uk/en/2009/01/420565.html?c=on.
C. International Union of Sex Workers' submission to the Rhoda Grant
Consultation on Prostitution in Scotland. http://www.iusw.org/2012/12/the-iusw-submission-to-the-rhoda-grant-consultation-on-prostitution-in-scotland/
D. The Mekong Challenge: Human Trafficking: Redefining Demand, Geneva:
ILO.
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_bk_pb_29_en.pdf
E. OSCE, Office for Democratic Institutions and Human Rights.
http://www.osce.org/odihr/57555
F. Letter from Executive Director Anti-Trafficking, Austrian Institute
for International Affairs.
G. La Strada International 2006.
http://lastradainternational.org/lsidocs/518%20ilo06_demand_side_of_human_tiaef.pdf
H. Global Alliance Against Traffic in Women: `Moving Beyond `Supply and
Demand' Catchphrases'.
http://www.gaatw.org/publications/MovingBeyond_SupplyandDemand_GAATW2011.pdf
I. Save the Children, Sweden: Conference Report, `Focus on Children in
Migration'.
http://www.childsrights.org/html/documents/adem/16.%20Conference_Report_Warsau.pdf
J. Letter from Defence for Children International, Italy.
K. Council of Europe background paper.
(http://www.coe.int/t/dghl/monitoring/trafficking/Docs/activities/Concept%20note%20conference%20Bulgaria%204-5%20Dec%202012%20BG.pdf)
L. `Stolen Lives, Stolen Money: The Price of Modern-Day Slavery'.
http://www.osce.org/cthb/103404
M. Prospect Magazine article available.
N. http://www.theguardian.com/uk/2009/oct/20/trafficking-numbers-women-exaggerated
and email exchanges between O'Connell Davidson and Davies available.