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ADDIS ABABA UNIVERSITY

SCHOOL OF GRADUATE STUDIES

COLLEGE OF LAW AND GOVERNANCE STUDIES

CENTER FOR HUMAN RIGHTS

THE SITUATIONS OF TRAFFICKING WOMEN FROM

ETHIOPIA TO SUDAN: THE CASE OF METEMA ROUTE

SHEWIT G/EGZIABHER G/HIWOT

MAY, 2013

ADDIS ABABA

THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO

SUDAN: THE CASE OF METEMA ROUTE

ADDIS ABABA UNIVERSITY

SCHOOL OF GRADUATE STUDIES

COLLEGE OF LAW AND GOVERNANCE STUDIES

CENTER FOR HUMAN RIGHTS

BY

SHEWIT G/EGZIABHER G/HIWOT

ADVISOR

FASIL MULATU GESSESSE

A THESIS PRESENTED TO THE SCHOOL OF GRADUATE STUDIES OF

ADDIS ABABA UNIVERSITY IN PARTIAL FULFILLMENT OF THE

REQUIRMENTS FOR THE DEGREE OF MASTER OF ARTS IN HUMAN

RIGHTS.

MAY, 2013

ADDIS ABABA

ADDIS ABABA UNIVERSITY

SCHOOL OF GRADUATE STUDIES

COLLEGE OF LAW AND GOVERNANCE STUDIES

CENTER FOR HUMAN RIGHTS

THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO

SUDAN: THE CASE OF METEMA ROUTE

BY

SHEWIT G/EGZIABHER G/HIWOT

ID.No. GSR/0609/04

ADVISOR

FASIL MULATU GESSESSE

Approval by Examining Board_______________________________ _________________________

Dept’s Chairman, Graduate Committee Signature

________________________________ _________________________

Advisor Signature

________________________________ _________________________

External Examiner Signature

________________________________ _________________________

Internal Examiner Signature

DECLARATION

I, Shewit G/Egziabher, declare that ‘The Situations of Trafficking Women from Ethiopia to

Sudan: the Case of Metema Route’ is my original work and that all sources used within the study

have been appropriately acknowledged.

Candidate

Name: Shewit G/Egziabher G/Hiwot

Date of Submission: May, 2013

Signature: _______________________

This thesis is submitted for examination with my approval as an advisor of the candidate.

Name: Fasil Mulatu Gessesse

Date of Submission: May, 2013

Signature: ______________________

i

ACKNOWLEDGMENT

Above all, I would like to thank my advisor Mr. Fasil Mulatu Gessesse for his thoughtful

proficient support he offered me all over conducting this study. His comments and advises were

remarkably useful and key to successfully accomplish this thesis work.

I want to express my respect to all the women participated in this study for their sincere

cooperation and willingness to answer the questions forwarded from the researcher patiently and

with due respect. Some of the questions were related with personal matters and might be

wounding even to reply on, but they did it. They speak the unspeakable truths face them and

other many Ethiopian women each day, to save their young sisters and fellows from such abusive

situations.

Additionally I would like to extend my heartfelt gratitude to my dearest wife Zufan T/Haymanot

and my entire friends; above all Yonas Bayru, Melaku Tilahun, Tesfanesh Tadesse, Mezgebu

Mandefro, Anbesaw Zewdu and Getahun Kume, who assist and encourage me every time from

the start to the end of the study.

Besides I want to present my admiration to the Metema woreda Police, Immigration and Court

Officials support me by giving their useful intellectual views and further valuable materials to

the study. In the same way to the Northern Gondar Justice and Court Bureaus members offered

similar cooperation to me.

Lastly my gratitude goes to the almighty God.

Thank you all.

Shewit G/Egziabher

[email protected]

ii

TABLE OF CONTENTS

Declaration........................................................................................................................................i

Acknowledgment.............................................................................................................................ii

Table of Contents...........................................................................................................................iii

Abstract..........................................................................................................................................vii

Acronyms........................................................................................................................................ix

Definitions.....................................................................................................................................xii

CHAPTER ONE: RATIONALE OF THE STUDY........................................................................1

1.1. Statement of the Problem..........................................................................................................1

1.2. Research Objectives..................................................................................................................3

1.3. Research Questions...................................................................................................................3

1.4. Significance of the Study..........................................................................................................3

1.5. Scope of the Study....................................................................................................................4

1.6. Limitations of the study............................................................................................................4

1.7. Structure of the Study...............................................................................................................5

1.8. Research Methodology.............................................................................................................5

1.8.1. Study Area Description..........................................................................................................6

1.8.2. Source....................................................................................................................................6

1.8.3. Sampling Design....................................................................................................................6

1.8.4. Data Collection......................................................................................................................7

1.8.4.1. In-depth Interview...............................................................................................................7

1.8.4.2. Key Informant Interview.....................................................................................................8

1.8.4.3. Focus Group Discussion.....................................................................................................8

1.8.4.4. Document Analysis.............................................................................................................9

1.8.5. Ethical Considerations...........................................................................................................9

1.8.6. Data Processing and Analysis................................................................................................9

CHAPTER TWO: CONCEPTUAL FRAMEWORKS AND THE GLOBAL, REGIONAL AND NATIONAL CONTEXTS OF TRAFFICKING...........................................................................11

PART ONE: CONCEPTUAL FRAMEWORKS OF TRAFFICKING IN PERSONS.................11

2.1. Contested Definitions of Trafficking......................................................................................11

2.1.1. Overview of the Concept of Trafficking in Persons............................................................12

iii

2.1.1.1. Recruitment.......................................................................................................................13

2.1.1.2. Transportation...................................................................................................................13

2.1.1.3. Exploitation.......................................................................................................................14

2.1.2. Irregular Migration vs. Trafficking in Persons....................................................................15

2.1.3. Human Smuggling vs. Trafficking in Persons.....................................................................16

2.1.4. Trafficking in Women..........................................................................................................18

2.2. Root Causes of Trafficking in Persons...................................................................................19

2.2.1. Pushing (Supply Side) Factors.............................................................................................19

2.2.2. Pulling (Demand Side) Factors............................................................................................19

2.2.3. Factors Create Impunity.......................................................................................................20

PART TWO: THE GLOBAL, REGIONAL AND NATIONAL REALITIES ON TRAFFICKING IN WOMEN.......................................................................................................21

2.3. The Global and Regional Trafficking Patterns.......................................................................21

2.4. Human Trafficking Record of East African Countries...........................................................26

2.5. The National Context of Trafficking in Women.....................................................................29

PART THREE: INTERNATIONAL, REGIONAL AND NATIONAL INSTRUMENTS RELEVANT FOR COMBATING TRAFFICKING IN WOMEN...............................................30

2.6. International and Regional Instruments..................................................................................30

2.7. National Instruments...............................................................................................................32

CHAPTER THREE: THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO SUDAN THROUGH METEMA ROUTE....................................................................................36

PART ONE: GENERAL INFORMATION ON THE RESPONDENTS.....................................36

3.1. Background Information of Interviewees...............................................................................36

3.1.1. Trafficking Women Respondents by Age............................................................................37

3.1.2. Trafficking Women Respondents by Marital Status............................................................38

3.1.3. Trafficking Women Respondents by Residence..................................................................38

3.1.4. Background Information of FGD Participants.....................................................................39

PART TWO: ANALYSIS OF THE EXPERIENCES OF THE TRAFFICKING WOMEN VICTIMS.......................................................................................................................................39

3.2. Expectations and Reasons for Leaving...................................................................................39

3.3. The Recruitment Process and Negotiation with Brokers........................................................41

3.4. Means of Transportation.........................................................................................................43

iv

3.4.1. Risks in the Passageway......................................................................................................47

3.5. The Traffickers Web: Sharing Benefits..................................................................................51

3.6. The Condition Confronts Women at Arrival..........................................................................53

3.7. The Work Environment..........................................................................................................55

3.8. The Moments of Being Captured by the Police......................................................................57

3.9. Life in Prison...........................................................................................................................58

3.9.1. Responses from the Ethiopian Embassy in Sudan and Other Stakeholders to the Women in Prison…………………………………………………………………………………………….60

3.10. Means of Returning Home....................................................................................................61

3.11. Preventive (Counter Trafficking) Measures.........................................................................63

CHAPTER FOUR: CONCLUSION AND RECOMMENDATIONS..........................................67

4.1. Conclusion..............................................................................................................................67

4.2. Recommendations...................................................................................................................70

References......................................................................................................................................73

List of Cases..................................................................................................................................77

List of Interviewees.......................................................................................................................77

National Laws................................................................................................................................77

International Instruments...............................................................................................................78

Websites.........................................................................................................................................79

Appendix A: Interview Guide.......................................................................................................80

Appendix B: FGD Guide...............................................................................................................82

Appendix C: List of Figures..........................................................................................................83

Appendix D: List of Tables...........................................................................................................83

Appendix E: Map of Trafficking in Women Routs Sourced from Ethiopia..................................84

Appendix F: 2011 Trafficking in Persons Report Tier Placement of African Nations.................85

v

ABSTRACT

The study is primarily aimed at exploring the experiences of women who are victims of

trafficking in women from Ethiopia to Sudan particularly through the Metema trafficking route.

It demonstrates the way how the trafficking women victims were trapped by the web of the

traffickers, means of transportations, and the manner of treatment throughout the trafficking

process and the forms of exploitations faced by them at their arrival. Moreover, an endeavor is

made to point out the human rights violations confronted by the trafficking women victims at

each key stages of the trafficking process. The study is conducted in critical research approach

and employed in-depth interviews, key informant interviews and focus group discussion vis-à-vis

analysis of relevant literatures and secondary data sources as an instrument to solicit the

necessary information for the research. The research found out that the women are pushed by

poverty and allied factors and further hauled by the stories of attractive job opportunities and

salary, pertaining to the false promises of the traffickers and individuals in the trafficking circle.

Moreover, the findings signify that the women had experienced numerous human rights

violations throughout the passage, in destination and prisons in Sudan. Thus, it is the belief of

the researcher that the outcomes of the study will be helpful to all concerned stakeholders to take

the necessary measures to see end the misery of many of Ethiopian women exposed and

subjected to trafficking in women.

Keywords: Women, human trafficking, trafficking in persons, human smuggling, migration,

irregular migration, trafficking in women, trafficking women victims, trafficking women

returnees and Metema.

vi

THIS STUDY IS DEDICATED TO ALL ETHIOPIAN TRAFFICKING

WOMEN VICTIMS.

vii

ACRONYMS

ACLU American Civil Liberities Union

ACP African Caribbean and Pacific Group of States

AIC Australian Institute of Criminology

AIDS Acquired Immunodeficiency Syndrome

ATV Amhara Television

AU African Union

BA Bachelor of Art

CCFDRE Criminal Code of Federal Democratic Republic of Ethiopia

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment

CRC Convention on the Rights of the Child

CIA Central Intelligence Agency

CRC Convention on the Rights of the Child

CSO Civil Society Organization

EHRC Ethiopian Human Rights Commission

ERTA Ethiopia Radio and Television Agency

FBC Fana Broadcasting Corporate

FDRE Federal Democratic Republic of Ethiopia

FGD Focus Group Discussion

viii

GAATW Global Alliance Against Trafficking in Women

HIV Human Immunodeficiency Virus

HPR House of Peoples Representatives

HRW Human Rights Watch

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Social and Cultural Rights

ICMPD International Center for Migration policy Development

ILO International Labor Office

IOM International Organization for Migration

KII Key Informant Interview

MoE Ministry of Education

MoJ Ministry of Justice

MoWCYA Ministry of Women, Child and Youth Affairs

MoLSA Ministry of Labor and Social Affairs

NGO Non Governmental Organization

TIP Trafficking in Persons

TVPA Trafficking Victims Protection Act

UAE United Arab Emirates

UDHR Universal Declaration of Human Rights

UK United Kingdom

UN United Nations

ix

UNDP United Nations Development Program

UNESCO United Nations Educational, Scientific and Cultural Organization

UNICEF United Nations Children’s Fund

UNODC United Nations Office for Drugs and Crime

UNIFEM United Nations Development Fund for Women

US United States

USA United States of America

USAID United States Agency for International Development

USD United States of America’s Dollar

3D Jobs Dirty, Degrading and Dangerous Jobs

x

DEFINITIONS

‘Injera’ Injera (in Amharic: እንጀራ) is a white Ethiopian traditional flatbread dish, made

of fermented ‘teff’ flour.

‘Kebelle’ Kebelle (in Amharic: ቀበሌ) are the fourth-level administrative divisions in the

FDRE administration structure, placed under the Regional State

Government.

‘Misir wot’ Misir wot ( in Amharic: ምስር ወጥ) is a traditional thick stew made up of split

lentils stewed with onion, garlic and blend of mid Ethiopian herbs.

‘Shekaba’ Shekaba (in Amharic: ሸቃባ) is a person who gets a commission from the brokers

for taking the trafficking women victims to the secrete rooms located in

border towns like Metema.

‘Teff’ Teff (in Amharic: ጤፍ) is annual bunch grass or food grain native to Ethiopia and

Northeastern Africa.

‘Woreda’ Woreda (in Amharic: ወረዳ) are the third-level administrative divisions in FDRE

administration structure, placed under the Regional State Government.

xi

xii

CHAPTER ONE: RATIONALE OF THE STUDY

This study is conducted on the situations of trafficking women from Ethiopia to Sudan through

Metema route. It explores the experiences of trafficking women victims presently returned or

deported from Sudan to Ethiopia through Metema. This chapter is an introductory section which

presents the basic structure, composition and overall justification of the study. Thus, it includes

the statement of the problem, research objectives, and research questions, significance of the

study, scope and limitations of the study as well as the methodological approaches and

procedures employed by the researcher in conducting this study.

1.1. Statement of the Problem

Ethiopia is one of the countries of origin for internationally trafficking women subjected to

conditions of forced labor and prostitution.1 Youthful women from all over the country are

trafficked for domestic servitude to Gulf States as well as neighboring countries such as Djibouti,

Kenya, Somaliland and Sudan to seek their dreams abroad.2

Although all persons including men, women and children are inevitably victimized out of the

trafficking patterns, the women are particularly vulnerable to the most biter physical and

psychological inhuman experiences in magnitude and intense. This may possibly include (but not

limited to) violent death, sexual exploitation and rape, robe, insult and intimidation, and beatings

during the voyage. Besides, in destination, most trafficking women are exposed to many

exploitation forms and sometimes coerced to work off the debt they have incurred for the

services provided to them by the brokers. In the most extreme instances, the victims become

slaves pure and simple, losing all control over their lives and becoming objects to be bought and

sold on the prostitution market.3

Pertaining to the trafficking routes, trafficking women are commonly using two ways to leave

Ethiopia. They either buy an air ticket to take a flight from Bole International Airport to the

destination country or cross the border to neighboring countries using the ‘desert routes’. The

1 U.S. (2012). Trafficking in Persons (TIP) Report. Washington DC, USA: United States Department of State. Retrieved September 22, 2012, from http://www.unhcr.org/ refworld/docid/ 4e12ee7e37.html 2 IOM. (2012). International Organization for Migration. Retrieved August 12, 2012, from Activities: Africa and the Middle East: East Africa: Ethiopia. Retrieved August 12, 2012, from http://www.iom.int/jahia/ Jahia/ethiopia3 Galiana, C. (2000). Trafficking in Women: European parliament Working Paper. Civil Liberities Series , 3.

‘desert route’ includes the passageway to South Africa through Moyale; to Saudi Arabia through

Bossasso; to Saudi Arabia and United Arab emirates (UAE) through Afar, Djibouti and Yemen;

to Sudan through Metema; to Djibouti through Dire Dawa; and to Lebanon, Saudi Arabia and

UAE through Bole International Airport.4

Hence, Metema is one of the distinguished human trafficking routes in Ethiopia, serve as a way

out for a large number of peoples trafficked to Sudan. It also serves as a way back for returning

survivals that either compellingly deported by the Sudan government or come escaping from the

hands of the brokers and their employers each day. According to the data from the Federal

Democratic Republic of Ethiopian (FDRE) Ministry of Foreign Affairs (MoFA), around 75,000

to 100,000 Ethiopians have used one-month tourist visa to cross the border by using bus through

Metema per annum.5 This number does not include the people who travelled through the desert

for days/weeks to cross the Ethio-Sudan border in foot. As above, though both ways are not risk-

free, traveling in foot through the deserts is horrifically dangerous, where many people;

particularly women, have perished in the desert due to thirst and hunger, and robed, raped and

sexually abused by the brokers and rebels in Sudan.6 However, most of the women travelled with

a one-month visa as well are tied to the traffickers’ network, in search for a job instantly after

arriving in Sudan.7

The Metema route is chiefly used by women from Ethiopia for the purpose of seeking domestic

work in Sudan, but sometimes also used as a transit to Libya and then to Europe. Besides, there

are also reports that some are trafficked for the purposes of commercial sex work and marriage to

rich Sudanese nationals.8

Therefore, the elevated seriousness and sensitiveness of the problem in relation to the pattern of

trafficking in women in Metema area has initiated the researcher to conduct the study.

4 Anteneh, A. (2011). Trafficking in Persons Overseas for Labour Purposes: The Case of Ethiopian domestic Workers. Country Office Addis Ababa: Internatinal Labour Office (ILO), p. ix. Retrieved September 20, 2012, from http://www. [email protected] 5 MoFA. (2010). The Situation, Causes of and Recommendations to Eliminate Human trafficking and Smuggling in Ethiopia. In Anteneh, A… supra, footnote 4, p. 48.6 Anteneh, A… supra, footnote 4, p. 48; cf. also footnote 5.7 Ibidem.8 Ibidem, p. 49.

2

Furthermore, the study was designed to make an endeavor to uncover the exact situation of the

trafficking women in the area so as to indicate possible solutions to the problem.

1.2. Research Objectives

The research has a general objective of exploring the situations of trafficking women from

Ethiopia to Sudan through the Metema route, viewing from the human rights perspective.

Moreover, the specific objectives of the research aim:

To examine the manner how trafficking women are treated during their journey from

Ethiopia to Sudan through the Metema route and in destination.

To scrutinize circumstances that makes women vulnerable to potential human rights abuses

in the trafficking process.

To explore the accustomed techniques and trends applied by traffickers in their operations to

move the women trafficking victims from one place to another.

To assess the strengths and weaknesses in the current responses of stakeholders to suppress

the pattern of trafficking in women in Metema area.

1.3. Research Questions

The main questions the researcher aims to address in the study are:

How trafficking women are treated during their journey from Ethiopia to Sudan through the

Metema route and in destination?

What circumstances make women particularly vulnerable to potential human rights abuses in

the trafficking process?

What techniques and trends do the traffickers use to travel the women trafficking victims

from one place to another until they reach in destination?

What are the strengths and weaknesses in the current responses to suppress the pattern of

trafficking in women in Metema area?

1.4. Significance of the Study

Conducting this study is decisive, firstly because the study will provides resource concerning the

trafficking in women pattern in Metema area for researchers interested in the future to make

further studies in the area. Secondly, the study will grant access to up-to-date and reliable

3

information for the whole community and concerned stakeholders regarding the actual existing

situation of trafficking women from Ethiopia to Sudan through the Metema route. At last, the

research will offer realistic input for concerned government bodies and policy makers, so as to

make them fully understand the actual image of the problem and take appropriate remedies to

alleviate the problem.

1.5. Scope of the Study

In fact all women, men and children throughout the country are comparably vulnerable to

trafficking crimes. Besides, all trafficking victims are faced with several human rights abuses in

their endeavor to cross the borders of neighboring and other destination countries, regardless of

the travel mechanisms they use. Nevertheless, so as to make the study manageable and

comprehensively address the issues by the time, financial and material resources at hand, only

those women who have trafficked from Ethiopia to Sudan through the Metema route are included

in the study. Hence, trafficking men and children, plus women trafficking through other human

trafficking routes available in Ethiopia, as well as women trafficking to other neighboring (and

beyond) countries than Sudan through any of these routes were not considered as part of the

study.

1.6. Limitations of the study

In conducting this study, the researcher has faced with some limitations. The major limitations

includes the silence trend of victims of trafficking or hesitation to share their stories with the

researcher and lack of well organized and up-to-date data showing the full picture of the

trafficking patters in the area. Besides, the researcher has also faced with other limitations

include the difficulty to access to some top secret documents that are not simply disclosed to

ordinary persons; particularly the documentaries and records of trafficking victims in the

Metema woreda police office, financial and time limitations.

Nevertheless, these limitations did not have a significant adverse effect on the findings of the

study. For the reason that the data gaps that have been difficult to get through one instrument

(e.g. through interview with respondents) are filled by triangulating with either the information

earned in focus group discussions or from secondary sources and vice-versa. In addition, the

researcher has made an effort to establish a good interaction with the informants by approaching

4

them through their friends and family members to make them more comfortable and confident to

converse about their trafficking experiences all through the interviews. Thus, the researcher

believes that, even though it was not straightforward, a complete picture of the problem has

outlined by effectively utilizing the existing resources to the study.

1.7. Structure of the Study

Generally, the research is organized into four chapters. Chapter one is an introductory part that

provides the underlying principles of the study; which specifically encompassed the statement

of the problem, the objectives of the study, the research questions, the significance of the study,

scope and limitations of the study, and the research methodology part which deals with the

methods and instruments employed to select the samples, and to collect, process and analyze the

necessary data to the study. In chapter two, the basic human trafficking conceptual frameworks

vis-à-vis the global, regional and national contexts of trafficking in women, and at last the

human rights instruments and legislative frameworks pertaining to trafficking in women are

reviewed. Chapter three discussed the situations of trafficking women from Ethiopia to Sudan

through the Metema route: the analysis of the background characteristics of the respondents and

the entire empirical data collected from the primary and secondary sources through the selected

instruments pertaining to the study problem. Finally, the fourth chapter presents the conclusion

and recommendations.

1.8. Research Methodology

The study has employed a qualitative research approach, which allows the researcher to

investigate initial participant responses: by using open ended questions ask why or how with full

freedom and flexibility. The reason why such method is used is to enable informants express

their ideas in their own words and get the full picture of the situation.

Hence, the researcher has primarily used the statements of the trafficking women returnees to

establish a pattern of the experiences, treatments and problems they face throughout their

passage and in destination. Additionally, supplementary data are collected from other informants

to fill the information gaps appeared in due course.

5

1.8.1. Study Area Description

The research is conducted in Metema woreda area. Metema woreda is one of the districts in

Ethiopia, Amhara Regional State. Amhara Regional State has totally 11 Administrative Zones

and more than 100 districts. Hence Metema woreda is found in North Gondar Administrative

Zone. It is one of the border towns between Ethiopia and Sudan and is located about 900

kilometers northwest of Addis Ababa and 180 kilometers west of Gondar town.

1.8.2. Source

The researcher has used primary sources including women returnees and victims of trafficking,

police officials and prosecutors, legal experts, and other concerned government authorities, to

obtain original or firsthand information. Moreover, the researcher has used secondary sources to

back the information gathered from the informants. For that reason, previously conducted

research papers, police and court case records, state documents and records, official statistics,

mass media outputs, and journal articles and conference papers were reviewed in triangulation

with the first hand data acquired from respondents to reach to the full picture of the situation.

1.8.3. Sampling Design

Snow ball non probability sampling method was employed by the researcher to select

respondents from the whole study population. This is imperative to efficiently track the direct

victims and actors of the situation. Therefore, snow ball method was used to drop a line with the

trafficking women victims and concerned stakeholders. In doing so, the earliest or previously

contacted informants were served as a spring board to find and introduce the researcher to the

rest of participants found in similar categories.9

Despite the fact that sample size is highly subjected to the time, manpower and financial

resources available to the study, the researcher has used two principal criteria to select adequate

number of participants from the target population. These are sufficiency and saturation

principles.10 This means, firstly, enough numbers of participants enable the researcher to fully

9 For case in point, after the conclusion of the earliest interview with Case 1, the researcher would ask the informant if she knows another women victim who has pass through the same problem and share similar experiences. If the informant’s response is affirmative, then she would be asked to direct to another informants. 10 Greeff, M. (2005). Information Collection. In A. S. Vos, H. Strydom, C. B. Fouche, & C. S. Delport, Research at grass Root Level: For the Social Sciences and Human Service Profession (pp. 286-313). Pretoria, South Africa: Van

6

understand the situation and reflect the full picture of the entire trafficking process; starting from

the origin areas here in Ethiopia to the destination places in Sudan, were selected. And secondly,

the researcher has conducted interviews and listen to the statements of these targeted women

returnees until the point of having the sense of listening similar information repetitively and has

no longer expects to hear and find out something new.

1.8.4. Data Collection

The necessary data to the study were collected from the primary and secondary sources all the

way through using a combination of multiple data gathering instruments including in-depth

interview, key informant interview, focus group discussion, review of relevant literatures and

document analysis. Furthermore, an effort has made by the researcher to get a complete picture

of the problem of the study and block some of the inadequacies of the instruments by

triangulating with the information gathered through the other data gathering instrument.

1.8.4.1. In-depth Interview

Even though there are various data collection techniques regularly used by researchers to gather

information from primary sources, interview is mostly considered as the best instrument used in

qualitative research. Moreover, it is a rich source of data useful to effectively explore people’s

experiences.11 Thus, primary data were collected from trafficking women returnees using both

unstructured and semi-structured interviews in combination. Hence, respondents were asked an

amalgamation of both open-ended and closed-ended questions by the researcher. The close-

ended questions have aimed on looking for very short and clear answers, and the open-ended

questions were designed to allow the interviewees to converse and reply to the questions raised

by the researcher freely on their own ways. Furthermore, all of the interviews and the focus

group discussion were conducted in Amharic language and later translated into English language

for analysis.

All through the interviews, previous to entering into conducting the interviews, the researcher

has notified the respondents regarding the purpose of the study and the value of their

participation in giving the interviews in brief manner. Additionally, Respondents were informed Schaik, pp. 286-313.11 Fouche, B., & Delport, L. (2011). Introduction to the Research Process. In A. D. Vos, Research at Grass Root Level: For the Social Science and Human Service Profession (pp. 61-78). Pritoria, South Africa: Van Schaik.

7

that their identities and the information they would be providing during the interviews will be

kept confidential. Next to getting the affirmation of their consent to give the interviews, once

again they were asked whether recording their voices is possible or not, and then with their full

permission the interviews had been recorded on tape. For those who were unwilling or feeling

discomfort to be recorded on tape, the researcher turns to the second option of taking brief notes

of their words in textbook. Finally the recorded interviews were transcribed into written format

to make them ready to analysis.

1.8.4.2. Key Informant Interview

Key informant interview (KII) is valuable data collection instrument to quickly gain some insight

on highly intricate and sensitive subject matters from particularly well-informed respondents in

the area.12 Hence, semi-structured key informant interviews were conducted with selected

government officials in order to supplement and triangulate the primary data gathered from the

trafficking women respondents with expert analysis of these professionals. Accordingly, Metema

woreda Police, Prosecution and Immigration Officials, and Court judges as well as Northern

Gondar Higher Court Judges and Justice Bureau Officials were selectively interviewed to get

their professional insights in the situations of trafficking women victims in the area.

1.8.4.3. Focus Group Discussion

Besides the interviews, one focus group discussion (FGD) has been arranged with a group of

agents from each concerned institutions for further clarity particularly regarding the strengths

and weaknesses of the preventive or counter trafficking measures taken to combat trafficking in

women and to triangulate the data. The selection of the members was based on the position (in

the sections/departments relevant to the problem studied) they have in the selected institutions,

their work experience and knowledge they have in the area of trafficking in persons in general

and trafficking in women in particular, as well as the availability and willingness of the

individual to participate in the discussion.13

12 Salafsky, N., Richard, A., & Margoluis. (1998). Measures of Success: Designing, Managing, and Monitoring Conservation and Development Projects. Washington DC, USA: Island Press, pp. 134-135.13 Table 5 provides detail information regarding the background characteristics of the FGD participants of the study.

8

1.8.4.4. Document Analysis

Documents and literatures that have a direct relevance with the trafficking in persons and

particularly trafficking in women were examined to back the information collected from the

primary data sources through interviews and FGD. Accordingly, a number of literatures and

legal documents are used in the study to demonstrate the conceptual discussions on trafficking

in persons and women, the global, regional and national patterns of trafficking in women as

well as the role of international, regional and national human rights law in combating and

prosecuting trafficking in women offences.

1.8.5. Ethical Considerations

The necessary ethical cares were circumspectly taken by the researcher throughout the

interaction between the researcher and the people directly and indirectly participate/affected

in/by the study. This is because the well-being of research participants is the researcher’s crown

priority on top of the research questions. Thus, respondents were treated in full respect and the

identity of the participants will kept confidential for the sake of their security and safety.

Additionally, they have informed that an effort will be made by the researcher to avoid the

potential risks may appear following their contact with the researcher and that they have a right

to not give any information to the researcher and have the right to withdraw from the interview

at any time they feel discomfort.

1.8.6. Data Processing and Analysis

The qualitative data collected from primary and secondary sources were processed and analyzed

by using recursive abstraction interpretative technique where data sets are summarized, and those

summaries are then further and further summarized and at the end come to a compact summary

and conclusion of the all gathered data. In favor of supplementing the expression, very simple

and unsophisticated tabulations, graphic expressions and percentages were used. Besides, data

are interpreted in the light of critical research approach with the purpose of exploring the

experiences of the trafficking women victims or the things really happened to them. Hence, the

research is not implicated in assessing the attitudes and perception of the victims and the way

they give meanings to the situation they were dealing with.

9

CHAPTER TWO: CONCEPTUAL FRAMEWORKS AND THE GLOBAL,

REGIONAL AND NATIONAL CONTEXTS OF TRAFFICKING

In this chapter the available literatures and legislative frameworks relevant to trafficking in

women are reviewed with the aim of providing the conceptual discourses, realities and legal

grounds with reference to trafficking in women. For that reason the chapter is divided into three

parts. Part one presents a conceptual discussion on trafficking in persons; including the contested

definitions of trafficking, smuggling and irregular migration, in addition to the main components

and root causes of trafficking. Part two provides the global, regional and national trafficking

patterns. Finally, in the third part the relevant international, regional and national human rights

instruments and legislative frameworks are provided.

PART ONE: CONCEPTUAL FRAMEWORKS OF TRAFFICKING IN PERSONS

2.1. Contested Definitions of Trafficking

Trafficking in persons or human trafficking is an imprecise and highly contested term.14 There

are numerous, sometimes opposing, and shifting understandings of trafficking.15 Thus, defining

trafficking in persons and things constitute trafficking is not an easy task, considering its

uncertain scope and the overlap and similarity it has with related concepts like irregular

migration and human smuggling. Hence it is a source of difficulty and controversy to have clear

and universally agreeable definitions.16 Nonetheless, in order to avoid ambiguities and vagueness

14 Salt, J., & Hogarth, J. (2000). Migrant Trafficking and Human Smuggling in Europe: A review of the evidence. In F. Laczko, & D. T. (Eds.), Migrant Trafficking and Human Smuggling in Europe: A Review of the Evidence With Case Studies from Hungary, Poland and Ukraine. Geneva, Switzerland: International Organization for Migration (IOM). As an illustration, they have identified over 20 definitions of the concept of trafficking in their review of the literature. 15 Lee, M. (2007). Human Trafficking. Cullompton, UK: Willan Publications, p. 16.16 The Special Rapporteur on Violence Against Women, made the following statements in regard to the definition of

trafficking in her Report to the 56th Session of the Commission on Human Rights: “At present there is no internationally agreed definition of trafficking. The term "trafficking" is used by different actors to describe activities that range from voluntary, facilitated migration, to the exploitation of prostitution, to the movement of persons through the threat or use of force, coercion, violence, etc. for certain exploitative purposes. Increasingly, it has been recognized that historical characterizations of trafficking are outdated, ill-defined and non-responsive to the current realities of the movement of and trade in people and to the nature and extent of the abuses inherent in and incidental to trafficking. Rather than clinging to outdated notions of the constituent elements of trafficking, which date back to the early nineteenth century, new understandings of trafficking derive from an assessment of the current needs of trafficked persons in general, and trafficked women in particular. New definitions also must be specifically

10

in reading the concepts incorporated in the research, comparatively acceptable definitions of

some key terms used throughout the paper are provided here below:

2.1.1. Overview of the Concept of Trafficking in Persons

A comprehensive definition of trafficking in persons is provided under the UN Protocol to

Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,

Supplementing the United Nations Convention against Transnational Organized Crime (Palermo

Protocol). The Palermo Protocol in its Article 3 defines trafficking in persons as follows:

(a) “trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or

receipt of persons, by means of the threat or use of force or other means of the abuse of power of a

position of vulnerability or of the giving or receiving of payments or benefits to achieve the

consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or forms of

sexual exploitation, forced labor or services, slavery, servitude or the removal of organs;17

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in

subparagraph (a) of this article shall be irrelevant where any of the means set forth in

subparagraph (a) have been used;18

The Palermo Protocol definition focuses on clearly identifiable elements of the crime, in order to

differentiate cases of trafficking from other acts, such as smuggling and irregular migration. The

definition refers to three distinct elements. These are the act, means and purpose of trafficking in

persons. According to the definition, trafficking in persons involve acts include recruitment,

transportation, transfer, harboring and receipting trafficking victims. In doing so, traffickers may

use means of threat or use of force, coercion, abduction, deception, fraud, abuse of power or

tailored to protect and promote the rights of trafficked persons, with specific emphasis on gender-specific violations and protections.” Economic and Social Council, Integration of the Human Rights of Women and the Gender Perspective: Report of the Special Rapporteur on Violence Against Women, its causes and consequences, Ms. Radhika Coomaraswamy, on trafficking in women, women's migration and violence against women, submitted in accordance with Commission on Human Rights Resolution 1997/44, 29 February, (2000), E/CN.4/2000/68 (1997), paragraph 51. Retrieved September 11, 2012, from http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/ e29d45a105cd8143802568be 0051fcfb?Opendocument 17 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, General Assembly Resolution 55/25, of 15 November, (2000), Article 3. Retrieved September 12, 2012, from http://www.uncjin.org/Documents/Conventions/ dcatoc/final_docum/htm18 Ibidem.

11

vulnerability and giving payments or benefits to win the consent of the potential trafficking

victims. The core purpose of trafficking in persons is exploitation. Moreover, exploitation

includes prostitution of others, sexual exploitation, forced labor, slavery or similar practices and

removal of organs.

Therefore, the attendance of all of the three components is indispensable to constitute a given

action or process trafficking in persons. The only exception is for child victims of trafficking for

whom it is not required to show illegal means. Hence, trafficking in persons contains three

central components namely recruitment, transportation and exploitation.

2.1.1.1. Recruitment

The potential trafficking victims are initially recruited by other people, in one way or another

stay in the system, at the time they enter the course of trafficking. Recruiters (individuals

involved in the conscription process) have commonly use different mechanisms to trick people

and get their consent of joining the trafficking route; including readymade false promises of an

opportunity, success stories of formerly trafficked people and misinformation or lies.19 The

recruitment may be made by families, relatives, friends, neighbors, brokers, or recruitment

agencies. However, people may also themselves initiate or pushed by their own personal reasons,

survival needs or desperation.20

2.1.1.2. Transportation

Once the victims are recruited, the next step is transporting them from one town, area, or country

to another until they reach to the intended destination places. The transportation process may

engage individuals or group of individuals to provide the needed services to the trafficking

victims. This includes starting from facilitating and arranging the movement to providing fake

travel documents, food and shelter, needed in the way to enter and cross the border of the

destination country. Occasionally, corrupted border guards, immigration or law enforcement

personnel and officials may also be involved in the trafficking process work in partnership and

sharing benefits with the traffickers or brokers.21

19 Anteneh, A… supra, footnote 4, p. 10; cf. also footnote 5, 6, 7 and 8.20 Ibidem.21 Ibidem.

12

2.1.1.3. Exploitation

In most trafficking cases exploitation is the end component and chief purpose of recruiting and

transporting victims. This is the very reason why all people are recruited from all corners of the

sourcing countries, and it is principally to exploit them in the all available mechanisms.

Traffickers may make an immense amount of profits out of the trafficking victims through

engaging them into prostitution, domestic servitude, forced labor, and in some instances selling

for body organs removal.22

After arrival, trafficking victims are treated just as a property. In relation with that, most

employers feel they have possession over the trafficked workers in the grounds of paying for the

recruitment and any other related fees, just like they own any other property they have paid for.

This denies the intrinsic humanity value of the trafficking victims. They routinely are treated as a

means to get some takings, not as an end by themselves as human creature. This reduces them to

the status of being a slave, which absolutely is grave human right violation. Moreover, the lack

of social and legal protection in the destination countries makes trafficking victims an easy target

and gives traffickers and employers supremacy over the victims.23

Therefore, it is excellent to carefully look in to these three inter-reliant components in order to

entirely understand trafficking activities. These three components are representing the activity,

means and purpose of trafficking events. Thus, the attendance of these three components in a

cumulated and associated manner is a determinant indicator to decide whether a given

action/process is trafficking or not.24

2.1.2. Irregular Migration vs. Trafficking in Persons

To start with, the IOM defines migration as ‘a process of moving, either across international

border, or within a state. It is a population movement, encompassing any kind of movement of

people, whatever its length, composition and causes; it includes migration of refugees, displaced

persons, uprooted people and economic migrants’.25

22 Ibidem, p. 11.23 Ibidem, p. 10.24 Messele, R. (2006). Counter-trafficking Training Modules. Geneva, Switzerland: International Organization for Migration (IOM), p. 8.

13

On the other hand, Irregular migration is ‘the movement of persons that takes place outside the

regulatory norms of the sending, transit and receiving countries’.26 It is a movement of people

from one country to the other without following or respecting the immigration laws and fulfilling

the requirements of the transit and destination countries. Therefore, it is a crime committed by

the migrant against the law of the transit and destination countries. At this point, the migrants

themselves are lawbreakers, and apparently they are not treated as victims. On the other hand,

trafficking in persons is an organized action of recruiting, harboring and transporting trafficking

persons for exploitative purposes. Here there are persons or groups involved in organizing and

facilitating the process; called as brokers or traffickers, that forced, abused or deceived the

trafficking persons to join the process.27 Thus, the trafficking persons are not criminals, rather

victims of the brokers’ tricks. Though they may cross the borders and enter to the destination

country illegally, they were initially either influenced or forced by a third party: the brokers or

recruiters. Hence, the trafficking victims have not possessed control over themselves, rather

putted under the command of others. This is an action of selling human beings to conditions

comparable to slavery, so it is the sellers not the persons putted on the market have to constitute

as criminals.

Subsequently, irregular migration is always committed outside the regulatory norms of the

source, transit and destination countries. On the contrary trafficking in persons may not

necessary be obscured; it may pass through lawful processes and procedures exposed to misuse.

For example persons may be trafficked on the name of traditional institutions and practices,

tourism, trade, family visit, marriage and the like.28 However this is not to mean that traffickers

are at all times use a legal shield to move persons from the origin to the destination countries.

There are also trafficking victims cross the borders travelling illegally through deserts and

oceans. Thus, while trafficking persons can use both legal and illegal ways, irregular migrants

25 IOM. (2004). International Migration Law, Glossary on Migration. Geneva, Switzerland: International Organization for Migration (IOM).26 Horwood, C. (2009). In Pursuit of the Southern dream: Victims of Necessity Assessment of the Irregular Movement of Men from east africa and the Horn to south africa. Geneva, Switzerland: International Organization for Migration (IOM).27 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, Article 3… supra, footnote 17; cf. also footnote 18.28 Asefach, R. H. (2012). An Investigation into the Experiences of Female Victims of Trafficking in Ethiopia. Pretoria: University of South Africa, Psychology Department, p. 14.

14

only use illegal ways to enter in to the destination country. In other words, ‘though all trafficking

involves migration, but all migration is not trafficking’.29

2.1.3. Human Smuggling vs. Trafficking in Persons

At first, trafficking in persons contains three main components; namely recruitment,

transportation and exploitation. On the other hand, human smuggling contains only one of them:

that is transportation. The UN Protocol against the Smuggling of Migrants defines smuggling as:

the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of

the illegal entry of a person into a state party of which the person is not a national or a permanent

resident.30

According to this definition, human smuggling is an act of transporting persons who have their

own reasons and purposes to illegally cross the borders of transit and destination countries, and

make benefits out of it. Subsequently, the recruitment and exploitation components are missing

in human smuggling activities.

Secondly, trafficking in persons involves ‘means of the threat, use of force, and abuse of power

of a position of vulnerability and giving or receiving of payments or benefits to achieve the

consent’ of the trafficking persons to join the trafficking process.31 Conversely human smuggling

is ‘the transportation of persons, with their full consent, to another country all the way through

illegal means’.32 Hence, in human trafficking persons are at some point forced, abused or

deceived to be/stay in the system. Human smuggling is, however, an action solely depends on the

29 Agrinet. (2004). Assessment of the magnitude of Women and Children Trafficked With and Outside of Ethiopia. Country Office Addis Ababa: International organization for Migration (IOM), p. 1.30 Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the UN Convention against Transitional Crime, General Assembly Resolution 55/25, of 15 November, (2000), Article 3 (a). Retrieved September 7, 2012, from http://www.uncjin.org/Documents/ convention/dcatoc/final_documents_2/convention _smug_ eng.pdf31 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, Article 3… supra, footnote 17; cf. also in footnote 18 and 27.

32 Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the UN Convention against Transitional Crime, Article 3… supra, footnote 30, provides that: (a) “Smuggling of migrants’ shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of then illegal entry of a person into a State Party of which the person is not a national or a permanent resident;” (b) “Illegal entry shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State.”

15

consent of the smuggled person. Thus, while trafficking persons are regarded as commodities,

individuals who are smuggled across borders are more like clients who pay for the service.33

However, the consent of the victim at conscription or at latter stages does not necessary avert the

act from being trafficking as far as consent was obtained through fraud, coercion and deception.34

Finally, human smuggling is a crime against the sourcing, transit and destination countries

through illegal border crossing. Trafficking in persons is, however, a crime goes beyond

breaking the law of the countries in the process, and primarily it is a crime committed against the

trafficking persons through deception, coercion, repeated exploitation, restricted movement and

other means.

Beyond these all differences, however, one thing make both trafficking and smuggling parallel is

that both are money-spinning businesses involving human beings and organized criminal

networks or groups that make profits out of the process.35 There are also situations in which all of

the trafficking, smuggling and irregular migration issues happen concurrently in a single process.

For instance, trafficking often involves smuggling of deceived women and children across

international borders. Besides traffickers are usually resort to illegal entry into a transit or

destination country to cut-off and reserve their victims from their socio-cultural circumstances,

to easily exploit, abuse and control them.36

2.1.4. Trafficking in Women

Trafficking in women is a gender specific concept of looking trafficking in persons from the

women’s side. It shares all characteristics and features of trafficking in persons, but it focuses on

the women in view of their particular vulnerability to trafficking crimes. Therefore trafficking in

women can be defined as:

33 AIC. (2008). People Smuggling Versus Trafficking in Persons: What is the Difference? Canberra, Australia: Australian Institute of Criminology (AIC), pp. 1-2. Retrieved December 7, 2012, from http//:www.aic.gov.au 34 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children… supra, footnote 13, Article 3; cf. also in footnote 14, 17 and 21.35 Asefach, R. H… supra, footnote 28.36 Martens, J., Pieczkowski, M., & Vuuren-Smyth, B. V. (2003). Seduction, Sale and Slavery: Trafficking in Women and Children for Sexual Exploitation in Southern Africa. Pretoria, South Africa: International Organization for Migration (IOM), pp.1-15.

16

All acts involved in the recruitment and/or transportation of a woman within and across national

borders for work or services by means of violence, or threat of violence, abuse of authority or

dominate position, debt bondage, deception, or other forms of coercion.37

It covers women who have suffered intimidation and/or violence through the trafficking and that

initial consent may not be relevant, as some enter the trafficking chain knowing they will work as

prostitutes, but who are then deprived of their basic human rights, in conditions which are akin to

slavery.38

Thus, while trafficking in persons is a crime targeted on all human beings including men, women

and children in general, trafficking in women is a criminal act directly beleaguered on the

women or girls. However, other parts of the community can be also circuitously affected by

trafficking in women crimes. Thus, sometimes it may turn out to be a crime against children and

the whole community. Besides, the major elements (the act, means and purpose) of both crimes

as well as the duty bearers are almost the same.39 Nevertheless, the right holders may become

dissimilar.40

2.2. Root Causes of Trafficking in Persons

2.2.1. Pushing (Supply Side) Factors

Poverty is the leading driving factor for many women joins the trafficking process. Additionally,

other related factors including lack of employment opportunities, corruption, gender inequality

and illiteracy can also mentioned as major reasons compelling many persons to search their

dreams overseas. Besides, strict immigration procedures may frustrate the potential trafficking

persons to choose illegal means of leaving the country. Generally, recession and failing

37 GAATW. (2012, September 9). Global Alliance Against Trafficking in Women. Retrieved September 9, 2012, from http://www.gaatw.org38 Communication from the Commission to the Council and the European Parliament on a Community immegration Policy, COM (2000) 757 (European Commission 2000); and European commision communication on trafficking in women for the purpose of sexual exploitation, COM (96) 0567 (Eropean Union 1996). Retrived October 15, 2012, from http://www.europa.eu.int/eurlex/en/com/cnc/2000/com2000 0757 en01.pdf39 In the international human rights regime the state is a primary duty bearer for every human right violation committed within its jurisdiction, regardless who commits these violations. Even though individuals or groups have to take a responsibility for their actions, the state have also the duty to ensure that and provide justice mechanisms that makes every person accountable. Thus, even for the offences of individuals the state is responsible for not taking appropriate protective measures to the victims.40 The right holders in the human trafficking case are every human beings, whereas the right holders in the trafficking in women case are the women.

17

economies in the developing nations are compelling unfortunate people to bond themselves to

the trafficking routes, in seeking their missing needs somewhere else outside the country.41

Moreover, globalization and the sophisticated conditions it creates are facilitating more the

fleeing process.

2.2.2. Pulling (Demand Side) Factors

From the demand factors part, shortage of and thus demand for cheap and low-skilled labor in

some sectors is invite many persons in the developing countries. Trafficked persons are used to

fill the labour gap in agriculture, construction, manufacturing, domestic work, and sex work

areas. These opportunities have caught the mind of many underprivileged people who are in

deadly needing and searching of any opportunities for survival.42 As evidence, researches

indicated that various countries are dependent on trafficked workers to fill labor shortages in

sectors. These sectors are low paying, dangerous, and poorly-regulated.43 These kinds of jobs are

sometimes called as ‘3D’ jobs: it is to mean dirty, degrading, and dangerous jobs. Thus,

trafficking is an effort made to connect the needy people with these dirty jobs illegally, and make

profits out of it. 44

2.2.3. Factors Create Impunity

Correspondingly the trend of impunity resulted from insufficient or inadequate laws, poor law

enforcement, ineffective penalties, corruption, complacency and invisibility of issue is

contributing more to the spread of trafficking in women patterns. The sum of these gaps gives

trafficking criminals ample chance to not hold accountable and get appropriate punishments for

their offences.45

41Anteneh, A… supra, footnote 4, p. 11; cf. also footnote 6, 7, 8, 19, 20, 21, 22 and 23.42Ibidem, p. 12.43 HRW. (2010). Rights on the line-- Human Rights Watch work on Abuses against Migrants in 2010. New York, USA: Human Rights Watch (HRW), p. 7.44 Taran, A., & Chammartin, G. (2002). Getting at the Roots: Stopping Exploitation of Migrant Workers by Organized Crime. Geneva: International Organization for Migration (IOM), p. 4; and UNDP. (2009). Human Development Report 2009, Overcoming Barriars: Human Mobility and Development. New York, USA: United Nations Development Program (UNDP) p.161. Retrieved September 9, 2012, from http://hdr.undp.org/en/ statistics/data/ mobility/people 45 Phinney, A. (2001). Trafficking of Women and Children for Sexual Exploitation in the Americas. Pan American Health Organization: Women, Health and Development Program, p. 2.

18

Figure 1, the Trafficking Triangle

Therefore, the supply, demand and impunity factors in concert creates a condition in which

trafficking in women can prosper. Consequently, the resulting situation allows high profits at low

risk for the traffickers, but with grave human rights violations for the trafficking victims.46

PART TWO: THE GLOBAL, REGIONAL AND NATIONAL REALITIES ON

TRAFFICKING IN WOMEN

2.3. The Global and Regional Trafficking Patterns

Human trafficking is a pattern, violent in its kind; it sometimes coined as a modern form of

slavery, committed against the fundamental human rights of the trafficking women and the law

of sourcing, transit as well as destination countries. It is usually articulated by severe forms of

labor and sexual exploitation where women are recruited or obtained and then forced to labor

against their will through force, fraud or coercion.47 Besides, women are particularly vulnerable

to trafficking and its consequences, considering the inequalities they face in status and

opportunity throughout the globe.48

46 Ibidem.47 ACLU. (2007). Human Trafficking: Modern Enslavement of Immigrant Women in the United States. New York: American Civil Liberities Union Women's Rights Project, p. 1. Retrieved September 12, 2012, from http:// www.aclu.org/ womensrights 48 Ibidem, p.2.

19

Impunity

TRAFFICKING

In times gone by, trafficking in women (as a part of human trafficking) is not something new to

the history of human race. But from time to time it is escalating in magnitude, sophistication,

complexity and consolidation of trafficking networks.49 And now it becomes a global dealing

that threats almost all countries and generates gargantuan earnings for those who involve in

doing so.50

Trafficking in women is recognized criminal conduct across the world and as a result series of

treaties have been adopted in order to stifle it and bring the perpetrators to justice.51 However in

the side of governments there is a gap of looking trafficking just simply as ‘a crime of illegal

migration in which trafficking women are often treated as the criminals’. In this context,

trafficking becomes just a crime against the state, and victims become the perpetrators of the

crime of trafficking.52 Viewed from a human rights perspective, however, trafficking is a crime

against the trafficking women victims in which women’s desire to migrate is preyed upon.

Within the context of migration, trafficking is exploited migration. Even legal migrants can be

trafficked. Hence, for these reasons, human trafficking needs to be viewed as a problem of

exploitation.53

Though there is no exactness in the number of women trafficking worldwide, the numbers

released in different reports are good indicators for how much the problem is intimidating

women’s life. Accordingly, figures released by the IOM in 2001 point toward that an estimated

700,000 to 2 million women and children are trafficked globally each year.54 In the U.S. reports,

the numbers regarding the persons trafficked worldwide are vary from year to year from 700,000

to 4 million in 2002, toward 800,000 to 900,000 in 2003, and toward 600,000 to 800,000 in 2004

and 2005, along with the United States Agency for International Development (USAID)

49 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A. (2002). A Comparative Study of women trafficked in the Migration Process: Patterns, Profiles and health Consequences of sexual Exploitation in five Countries (Indonesia, the Philippines, Thailand, Venezuela and the United States). Bangkok, Thailand: United Nations Developments Fund for Women (UNIFEM), p. 1.50 Ibidem.51 Eweh, V. J. (2006). Human Trafficking and Child Labour in Africa: Man's Inhumanity to Man. Standtschlaining,Austria: European University Center for Peace, p. 7.52 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A… supra, footnote 49, p.8; cf. also footnote 50.53 Ibidem.54 IOM. (2001). 2001 Trafficking in Migrants. Geneva, Switzerland: International Organizationfor Migration (IOM).

20

estimates of the number of persons trafficked worldwide in 2012 range from 12 to 27 million. 55

Additionally, as to the estimates of the ILO, in the year 2005, at least 2.5 million persons

worldwide find themselves in forced labor as a result of trafficking at any given time, in which

70 to 80 percent of them are women.56

As evident from the chart below (figure 2), most of the women trafficked worldwide are mainly

sourced from less developed and less stable countries to the countries have better economic

development and job opportunities. In point of fact, Ethiopia is the only African country ranked

within the top ten origin countries for trafficking persons worldwide. Most of the top sourcing

countries are from developing countries in Asia and Eastern Europe. The following chart shows

the top ten origin countries for trafficking victims worldwide in the year 2011.

EthiopiaBelarus

AfganistanKyrgyzstanCambodia

UzbekistanLaos

YemenHaiti

Ukraine

0 100 200 300 400 500 600 700 800 900

Top 10 Countries of Origin for Trafficked Victims in 2011

Assisted Cases of Trefficked Victims in Number

Cou

tries

of O

rigin

in R

ank

55 Kelly, L. (2005). 'You Can Find Anything you Want': A Critical Reflection on Research on Trafficking in Persons within and into Europe. In IOM, Data and Research on Human Trafficking (pp. 237-238). Vienna, Austria: International Organization for Migration (IOM); US Department of State. (2005). Trafficking in Persons (TIP) Report. Washington DC, USA: United States Department of State; and USAID. (2013, February 13). United States Aid for International Development. Retrieved March 9, 2013, from http://www.usaid.gov/trafficking56 Belser, P., & Cock, M. D. (2005). ILO Minimum Estimate of Forced Labour in the World. Geneva, Switzerland: International Labour Office (ILO), pp. 4–5. Retrieved September 11, 2012, from http://www.ilo.org/wcmsp5/ groups/public/ed_norm/declaration/documents/ publication/wcms_081913.pdf; and US Department of State. (2005). Trafficking in Persons (TIP) Report. Washington DC, USA: United States Department of State.

21

Source: IOM Trafficking Case Data57

Figure 2, Top Countries of Origin for Victims of Trafficking in 2011

According to the ILO study, Asia and the Pacific take the first rank for being the leading

destination regions for trafficking victims come from different corners of the globe, with an

estimated 1.36 million (56%) persons trafficked for forced labor. Besides, about 270,000

(10.8%) victims are trafficked to industrialized countries, 250,000 (10%) to Latin America and

the Caribbean, and around 230,000 (9.2%) persons to forced labor in the Middle East and North

Africa. In being a destination, the lower estimates are given for Sub-Saharan African Countries

130,000 (5.2%) and for transition economies 200,000 (8%) by reference to the fact that many

trafficking victims from these regions are trafficked towards other regions, including

industrialized countries.58

Many women who are trafficked for domestic labor purposes may later on end up being sexually

exploited as well.59 This is unfortunate chiefly for those who live in the ‘third world’ countries;

though trafficking is not always an economic query. As an illustration, an estimated number of

(at least) 8,000 Nigerian women have been trafficked into street prostitution in Italy. Another

5,000 Albanian, Moldavian and Ukrainian women have also been trafficked into Italy where they

are made to prostitute out of rooms, apartments, small hotels, massage parlors and even

exclusive clubs.60 The following bar graph shows the major destination regions for trafficking

women victims worldwide.

57 Serojitdinov, A. (2012). IOM 2011 Case Data on Human trafficking: Global Figures and Trends. Geneva, Switzerland: International Organization for Migration (IOM), p. 29.58 Ibidem.59 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A…supra, footnote 49; cf. also in footnote 50, 52 and 53.60 Gualtiero, V. (2000). The New Slaves: Prostitutes and Prisoners. Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A…supra, footnote 49; cf. also in footnote 50, 52, 53 and 59.

22

Asia an

d Paci

fic

Latin A

merica

and th

e Cari

bbean

Middle

East an

d Nort

h Afric

a

Sub-S

ahara

n African

Countrie

s

Indust

rializ

ed Coun

tries

Countrie

s in Tran

sition

56%

10% 9%5%

11% 8%

Major Destination Regions for Trafficked Women Victims in Region in the Year 2011

Source: the African, Caribbean and Pacific Group of States (ACP)61

Figure 3, Major Destinations for Trafficking Women Victims in Region

In country level the IOM identifies another ten top destination countries for trafficking victims

sourced from various parts of the world. The following bar graph presents the world’s top ten

destination countries for trafficking victims in the year 2011.

61 Susanne, M. (2011). Global Phenomenon, Invisible Cases: Human Trafficking in Sub-Saharan Africa, the Carbbean and the Pacific. Brussels, Belgium: The African Carribean and Pacific Group of States (ACP) Observatory on Migration.

23

Russian

Fede

ration

Haiti

Yemen

Thaila

nd

Kazakh

stan

Afghan

istan

Indone

sia

Polan

d Egy

pt

Turkey

0

200

400

600

800

Top 10 Countries of Destination for Victims of Trafficking in the Year 2011

Ass

isste

d Tr

affic

king

Cas

es

Source: IOM trafficking Case Data62

Figure 4, Top 10 Countries of Destination for Victims of trafficking Worldwide in 2011

Beyond the numbers, for victims of trafficking, the death-defying conditions of the journey may

produce illness and injury. Many trafficking women face the threat of injury and death, even in

the migrating process. The lack of social and legal protection in the destination countries gives

traffickers and employers power over trafficking victims. This power may be exercised through

physical, emotional and sexual abuse and threat.63 Furthermore, trafficking women are

particularly vulnerable to violence and sexual exploitation by the traffickers and officials such as

police, immigration authorities, and border guards. Because they are undocumented, have little

knowledge of the language of the country to which they are trafficked, and no legal knowledge

of their rights, many are raped and sexually exploited.64

Generally speaking, the chief purpose of the trafficking movements is to exploit the victims in all

available means. Hence trafficking women are finally exposed to many forms of exploitation. As

an illustration, world widely around 43% of them are trafficked for commercial sexual

exploitation. Additionally, around 32 % for economic exploitation and the remaining 25% are

62 Serojitdinov, A… supra, footnote 57; cf also footnote 58.63 Anteneh, A… supra, footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41 and 42.64 Ibidem.

24

trafficked for other types of exploitations include (but not limited to) forced marriage, forced

labor and body organ removal. 65

43%

32%

25%

Forms of Exploitation faced by Trafficking Women in Destination Worldwide in the Year 2007

Sexual Exploitation

Economic Exploitation

Others

Source: International Labour Organization66

Figure 5, Forms of Exploitation faced by Trafficking Women at Destination in the year

2007

Therefore in destination, trafficking victims are exposed to different forms of exploitation and

abuses. This may include forced to work in the sex trade, to perform other types of labor; such as

domestic servitude, factory work or agricultural work. As a result, trafficking victims are

commonly experience physical and psychological abuse; including beatings, sexual abuse, and

food and sleep deprivation, threats to themselves and their family members, and isolation from

the outside world.67

2.4. Human Trafficking Record of East African Countries

Trafficking occurs when persons are transported, in a context of exploitation, from a place of

origin to a final point or destination. In some cases the destination may be far from the place of

origin and trafficking persons may pass through many transit points.68 The figure below shows

the relationship between origin, transit and destination countries in east Africa.

65 ILO. (2007). Forced Labour Statistics Factsheet. In Friesendorf, C. Strategies against Human Trafficking: The Role of the security. Geneva, Austria: National Defence Academy and Austrian Ministry of Defense and Sports, p. 39.66 ILO. (2007). Forced Labour Statistics Factsheet. Geneva, Switzerland: International Labour Office (ILO).67 ACLU… supra, footnote 47; cf. also footnote 48.

25

Figure 6, the Relationship between Origin, Transit & Destination Countries in East Africa

There is an immense diversity of people being trafficked from, to and through Africa. Most often

they are women, but children; both girls and boys, and men are also targeted for trafficking.69 All

countries in East Africa have been identified as origin, transit or destination points for trafficking

women victims.70

Trafficking flows in the East African region covers an intra-regional and inter-regional routes. It

sometimes ends within the countries in the region, but also may extend to Europe and

increasingly the Gulf States. For instance, Ethiopian women are mostly trafficked through Kenya

and Tanzania and are then abused as domestic workers in Lebanon.71 Additionally, girls from

India and South Asia have reportedly been trafficked to Kenya.72

Table 1, Human Trafficking Record of East African Countries

Country

Trafficking

Position

Category of Victims

by Sex/Age Purpose of Trafficking Common Destination Places

S T D M W Ch

68 UNICEF. (2003). Trafficking in Human Beings, Especially Women and Children, in Africa. Florence, Italy: United Nations Children's Fund (UNICEF) Innocenti Research Centre, p. 10. 69 UN. (2006). Trafficking in Human Beings: Global Patterns. Vienna, Austria: United Nations Office for Drugs and Crime (UNODC). Retrieved October 21, 2012, from http:// www.unodc.org/unodc/en/ trafficking_human_ beings.html70 Barwise, K. (2006). Breaking the Cycle of Vulnerability: Responding to the Health Needs of Trafficked Women in East and Southern Africa. Pretoria, South Africa: International Organization for Migration (IOM) Regional Office, p. 21.71 Aderanti, A. (2005). Review of Research and Data on Human Trafficking in Sub Saharan Africa. International Migration, 43, 1-2., pp.1-2.72 Susanne, M… supra, footnote 61, p. 2.

26

Origin Ethiopia Kenya Tanzania Uganda

Transit Sudan Tanzania Kenya Somalia

Destination Sudan Kenya Somalia DjiboutiSouthern Sudan

Kenya

Forced labor

Sexual exploitation

Domestic servitude

Enslavement in

massage parlors and

brothels

Manual labor

Middle East

Other African nations

Western Europe

North America

Tanzania X X X

Forced labor

Sexual exploitation

Domestic servitude

South Africa

Oman

United Kingdom

Other European

Middle East

Uganda X X

Forced labor

Sexual exploitation

Cooking

Pottering

Agricultural work

Combatant

Sex slavery

Forced marriage

Southern Sudan (mostly

abducted by the rebel

group known as Lord

Resistance Army)

Kenya

Middle East

Europe and North

America

Ethiopia X X

Forced labor

Sexual exploitation

Domestic servitude

Middle East (particularly

Lebanon)

Egypt

South Africa

Kenya

Libya

Somalia

Sudan and

Djibouti

Key of Abbreviations: S=Source Countries, T=Transit Countries, D=Destination Countries, M=Men, W=Women and

Ch=Children.

Source: International Organization for Migration73

2.5. The National Context of Trafficking in Women

Looking it from national perspective, Ethiopia is a source country for young women who are

subjected to forced labor and sexual exploitation in various destination countries around the

73 IOM… supra, footnote 25.

27

globe.74 As a matter of fact, thousands of Ethiopian women are trafficked each year through the

sky, desert and ocean slayer routs, largely for domestic servitude to the Middle East and the Gulf

States as well as to neighboring countries including Djibouti, Kenya, Sudan and Tanzania.75 The

trafficking purposes are different, while majority of the women are trafficked for domestic labor,

a small percentage of these women seem to end up in the sex trade after arriving in the countries

of destination.76

There are reports indicating that up to 1,000 women leave the country every month to find jobs

as domestic workers abroad.77 In other words, around 12,000 Ethiopian women are annually

trafficked in searching their dreams abroad. With this numbers Ethiopia is currently ranked 10 th

among the world’s top ten source countries for trafficking victims, with 122 assisted trafficking

cases by the IOM in the year 2011.

Besides, numerous Ethiopian women engaged in domestic servitude in the Middle East and other

destination countries are faced with sever human rights violations, including physical and sexual

assault, denial of salary, sleep deprivation, withholding of passports, confinement, and murder.

Many are also driven to despair and experience psychological problems, with some committing

suicide.78

There are two possible ways trafficking women may use to leave Ethiopia: one is through using

air transport to the destination country passing through the visa process, and second crossing the

border to neighboring countries through the ‘desert routes’ in foot and car transport (sometimes

packed in containers). Hence there are well recognized trafficking routes include the

passageways to South Africa through Moyale; to Saudi Arabia through Bossasso; to Saudi

Arabia and UAE through Afar, Djibouti and Yemen; to Sudan through Metema; to Djibouti

74 U.S… supra, footnote 1.75 ICMPD. (2008). East Africa Migration Route Initiative Gaps and Needs Analysis Project Country Reports: Ethiopia, Kenya, Libya. Veinna, Austria: International Centre for Migration Policy (ICMPD), p. 35. Retrieved September 5, 2012, from http://www.icmpd.org76 U.S. (2007). Trafficking in Persons (TIP) Report. Washington DC, USA: United States Department of State. Retrieved September 7, 2012, from http://www.gvnet.com/humantrafficking/ Ethiopia-2.htm 77 ICMPD… supra, footnote 75.78 U.S… supra, footnote 1; cf. also footnote 74.

28

through Dire Dawa; and to Lebanon, Saudi Arabia and UAE through Bole International

Airport.79

PART THREE: INTERNATIONAL, REGIONAL AND NATIONAL INSTRUMENTS

RELEVANT FOR COMBATING TRAFFICKING IN WOMEN

2.6. International and Regional Instruments

International human rights instruments are useful tools for skirmishing trafficking in women.

The most acceptable and contemporary instruments that have set the way for how to define,

prevent, and prosecute human trafficking are the UN Convention against Transnational

Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress,

and Punish Trafficking in Persons, Especially Women and Children,80 and the United Nations

Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in

2003/2004.

Besides, the fundamental human rights violated in the context of human trafficking are clearly

stipulated firstly under the Universal Declaration of Human Rights (UDHR), including the right

to life and security of person; right to be free from slavery or servitude; right to freedom of

movement; right to be free of torture or cruel, inhuman and degrading treatment; right to health;

and right to free choice of employment. Particularly, a number of international human rights

conventions have addressed the right of an individual not to be trafficked, including Convention

on the Elimination of All Forms of Discrimination against Women (CEDAW),81 Convention on 79 Anteneh, A… supra, footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63 and 64.80 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime… supra, footnote 17; cf. also footnote 18, 27 and 31, requires the “Assistance and Protection for trafficked persons in appropriate cases and to the extent possible under domestic law: Protecting privacy of trafficked person with regard to legal proceedings, Information on relevant court and administrative proceedings and facilitate trafficked persons to present their views and concerns in non-prejudicial manner in court proceedings, Measures for physical, psychological and social recovery in cooperation with NGOs including appropriate housing, counseling and information in native language, medical, psychological and economic assistance and employment, educational and training opportunities, Special needs of child victims especially in regard to housing, education and care, Physical safety of victims, Possibility of obtaining compensation”; Article 6 (1-6), “Possible temporary or permanent resident status in destination countries in appropriate cases”; Article 7, “Measures to prevent and combat trafficking in persons and protect trafficked persons from re-victimization”; Article 9 (1), and to “Address factors that make persons vulnerable to trafficking such as poverty, underdevelopment and lack of equal opportunity”; Article 9 (4). 81 Convention on the Elimination of All Forms of Discrimination against Women, General Assembly Resolution 20378, of 18 December, (1979), Article 6 clearly stipulated that “State Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.”

29

the Rights of the Child (CRC),82 International Covenant on Civil and Political Rights (ICCPR)83

and International Covenant on Economic, Social and Cultural Rights (ICESC).84

Furthermore, the Supplementary Slavery Convention also calls for the abolition of slavery and

slavery-like practices including debt-bondage & serfdom,85 which are essential elements of

trafficking in women practices. In the same way, the UN Conventions on Migrant Workers,86 UN

Slavery Convention, African Charter on Human and Peoples Rights, Protocol to the African

Charter on Human and Peoples' Rights on the Rights of Women In Africa, African Union

Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and

Children87 and ILO Conventions No. 2988 and No. 10589 are some of the relevant human rights

instruments deal with trafficking in women and rights violated in the trafficking process. Thus

82 Convention on the Rights of the Child, General Assembly resolution 44/25, of 20 November, (1989), Article 11 (1) and (2) reads “States Parties shall take measures to combat the illicit transfer and non-return of children abroad.” “To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements” and “States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form”; Article 35.83 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI) of 16 December, (1966), Article 8 (1) (2) clearly stipulated that “No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. And “No one shall be held in servitude.” Additionally in the same article (3) reads (a) “No one shall be required to perform forced or compulsory labour.” Moreover, the Human Rights Committee of the ICCPR has repeatedly referred to trafficking in women as a violation of Article 8 that no one shall be held in slavery or servitude.84 International Covenant on Economic, Social and Cultural Rights, General Assembly Resolution 2200A (XXI) of 16 December, (1966), Article 6 stated that the “Right to do work that one freely chooses under conditions protecting fundamental freedoms of the individual”, the “Right to just and favorable conditions of work”; Article 7, the “Right to adequate standard of living including food, clothing, housing”; Article 11, and the “Right to physical and mental health”; Article 12.85 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, (1956), Article 1 requires the “Abolition of slavery-like practices including debt-bondage & serfdom, forced marriage and sale/ transfer of children for labour exploitation (all further defined within this article)”, and word by word reads an “Act or attempted act of enslaving or inducing another to slavery or slavery-like practices is a criminal offence”; Article 6.86 Convention on the Protection of the Right of All Migrant Workers and their Families, (1990), Article 11 plainly “Prohibits torture or cruel, inhuman or degrading treatment or punishment, slavery, servitude, forced or compulsory labour.” It also provides migrants with the “Right to liberty and security of person; Effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions; Minimum standards with regard to verification of identity, arrest, detention; Article 16 (1) (2) (3-9); Minimum standards with regard to the labour conditions of migrant workers, remuneration, medical care and social security”; Article 25-30. It also makes a statement entail “To impose effective sanctions against persons, groups or entities which use violence, threats or intimidation against migrant workers in an irregular situation”; Article 68.87 African Union Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, Ministerial Conference on Migration and Development, of 22-23 November, (2006).

30

can be employed to prosecute grave human rights crimes committed against the trafficking

women victims.

Therefore, at least in principle, states have a responsibility under international law to act with

due diligence to prevent and prosecute trafficking and to assist and protect trafficking women

victims: the duty to protect, provide and fulfill. Additionally, states have a duty to ensure that

counter trafficking measures shall not adversely affect the human rights and dignity of

trafficking women victims. However, in practice, the state may act as both protector and violator

of human rights of trafficking women victims. Although the development of international

instruments in the field of trafficking women rights, critics have noted the predisposition of

states to put immigration controls and national security concerns before human rights protection

of trafficking victims.90

2.7. National Instruments

At national level, the FDRE Constitution specifically insists that “No one shall be held in slavery

or servitude. Trafficking in human beings for whatever purpose is prohibited”.91 The Constitution

also provides for the rights of women in particular comportment.92 Trafficking in women is also

criminalized under Ethiopian Criminal Law.93 The new Criminal Code reads:

(1) whoever by violence, threat, deceit, fraud, kidnapping or by the giving of money or other

advantage to the person having control over a women or a child, recruits, receives, hides,

transports, exports or imports a woman or a minor for the purpose of forced labour, is punishable

88 ILO Convention No. 29 on Forced Labour, (1930), Article 1 laid an obligation on “States to suppress use of forced or compulsory labour within shortest possible period”, and said “Officials shall not constrain any person to work for private individuals, companies or associations”; Article 6.89 ILO Convention No. 105 on Abolition of Forced Labour, (1959), Article 1 insists the need to “Suppress all forms of forced labour as a means of racial, social, national or religious discrimination”, and taking “Effective measures to secure the immediate and complete abolition of forced labour”; Article 2.90 Lee, M… supra, footnote 15, p. 34.91 The Constitution of Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, of 21 August, (1995), Article 18 (2).92 Ibidem, Articles 35 and 36.93 The Criminal Code was amended in 2005 replacing the one from 1957, but the latter still applies to all acts committed before the new Criminal Code entered into force in April 2005. Endeshaw, Yoseph, Gebeyehu, Mebratu, & Reta. (2006). Assessment of Trafficking in Women and Children in and from Ethiopia. Country Office Addis Ababa: International Organization for Migration. pp. 92-93.

31

with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand

Birr;94

(2) Whoever knowingly carries off, transports or conducts, whether by land, by sea or by air, the

victim mentioned in sub-article (1), with the purpose stated therein, or conducts or aids such

traffic, is liable to the penalty prescribed under sub-article (1) above;95

Whosoever, for gain, or to gratify the passions of another: (a) traffics in women or minors,

whether by seducing them, by enticing them, or by procuring them or otherwise inducing them to

engage in prostitution, even with their consent, or (b) keeps such a person in a brothel or let her

out to prostitution, is punishable with rigorous imprisonment not exceeding five years and a fine

not exceeding ten thousand Birr, subject to the application of more severe provisions, especially

where there is concurrent illegal restraint.96

The Criminal Code also criminalizes attempts to commit an offence (article 27), involvement as

a collaborator in an offence (article 37) organizing others to commit trafficking in persons

(article 599), and the involvement of judicial person in trafficking transgressions (article 599

(2)). However, the Criminal Code does not provide a clear definition of trafficking in persons.

In addition, various articles of the Criminal Code deals with trafficking of persons for particular

purposes, for instance enslavement (article 596), forced labour (article 597) and prostitution

(article 635). On the other hand, the Palermo Protocol proscribes trafficking in persons for the

purposes of the exploitation of the prostitution of others or other forms of sexual exploitation,

forced labour or services, slavery or practices similar to slavery, servitude or the removal of

organs.97

Correspondingly, the Employment Exchange Services Proclamation also criminalizes the

sending of an Ethiopian for work abroad without having the required license.98 Proclamation

No.632/2009 defines ‘employment exchange’ to mean “all the activities of hiring a job seeker

94 The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414 of 2004, of 9 May, (2005), Article 597 (1).95 Ibidem, Article 597 (2).96 Ibidem, Article 635.97 Anteneh, A… supra, footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63, 64 and 79.98 Employment Exchange Services Proclamation, Proclamation No. 632/2009, of August 6, (2009), Article 5 reads “any person who wishes to operate a private employment agency shall have to obtain a license from: (1) the regional authority responsible for the employment service if the employment service is rendered within a region; or (2) the Ministry if the employment service is to hire and send abroad an Ethiopian worker to a third party.

32

and to include advertisement made verbally or in writing, enlistment, recruitment and

placement”.99 Article 25 of the same proclamation further stipulates the unlawful acts for private

employment agencies include:

(1) It shall be unlawful for a private employment agency to: (a) deploy a person under the age of 18 to work abroad; (b) charge a worker payments in cash or in kind other than provided for in sub article (2) of Article 15 of this Proclamation; (c) present or give false information to recruit and deploy overseas workers; (d) deploy a worker on a job that harms his moral and human rights or disgrace the country’s image; (e) amend any approved employment contract without notifying the Ministry and securing its approval; (f) withhold or deny travel or other pertinent documents of a worker, for any reason, without his consent before or after his deployment; (g) deploy a worker to a country other than that specified in the contract of employment or in its license; (h) transfer its license to another person; or engage in providing services other than the permitted type and place of service.100

(2) It shall be unlawful for a worker to: (a) present false information for the purpose becoming eligible for recruitment; (b) present false information to be included in the personal data form or contract of employment.101

Even though the Employment Exchange Services Proclamation does not employ the term

‘trafficking’ throughout the document, the principal aim of Article 5 is to proscribe the act of

recruiting and transporting Ethiopians abroad without the appropriate permit even if the purpose

of such acts is not exploitation. The Employment Exchange Services Proclamation assumes that

the purpose of persons or entities that send Ethiopians abroad for work without securing the

relevant license is exploitation.102

In line with this, the status of ratified international human rights treaties in Ethiopian legal

system is open to academic debates. In the one hand, Article 9 (4) of the FDRE Constitution

stated that ratified international human rights conventions are an integral part of the law of the

country. And so, since the FDRE Constitution is proclaimed as the supreme law of the land, all

99 Ibidem, Article 2 (8).100 Ibidem, Article 25 (1).101 Ibidem, Article 25 (2).102 Anteneh, A… supra, footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63, 64, 79 and 97.

33

other laws, including ratified international human rights conventions are void if they becomes

contradicting with the constitution.103 Thus, this makes all ratified international human rights

conventions subordinate to the Constitution, as same as the proclamations ratified by the House

of Peoples Representatives (HPR). However, the Constitution lacks clarity on which one of them

have prevailed, at times a contradiction will occurred between ratified international conventions

and proclamations.104 In other hand, Article 13 (2) of the Constitution stipulates that the

fundamental rights and freedoms of the FDRE Constitution should be interpreted in light of the

UDHR and norms and principles of international human rights conventions ratified by Ethiopia.

This gives them higher or at least equal position with the provisions of the Constitution.105

Nevertheless, beyond the controversies, ratified international human rights conventions can be

used as secondary legal grounds to indict human rights violations as part of the Ethiopian law.

To bring to a close, trafficking in persons is a violent kind of pattern threatening the life of many

men, women and children throughout the globe. Considering the social inequalities in status and

income in various communities around the world, women are particularly vulnerable to these

incidents. As reports revealed, East African countries are much known for being source, transit

and destination countries for domestic and international trafficking women. Consequently, they

are deadly suffering from trafficking problems. In this case, Ethiopia is one of the world’s major

source country for many women fled to various destination countries throughout the globe.

103 The Constitution of Federal Democratic Republic of Ethiopia… supra, footnote 91; cf. also footnote 92, Article 9 (1) reads “The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official that contravenes this Constitution shall be of no effect.”104 Ibrahim, I. (2000). The Place of International Human Rights Conventions in the 1994 Federal Democratic Republic of Ethiopia (FDRE) Constitution. Journal of Ethiopian Law , 132-134.105 Ibidem, pp. 137-138.

34

CHAPTER THREE: THE SITUATIONS OF TRAFFICKING WOMEN

FROM ETHIOPIA TO SUDAN THROUGH METEMA ROUTE

In this chapter the major findings of the empirical research are presented and discussed.

Accordingly eight selected cases of trafficking women victims are provided. Additionally, some

examples of the verbatim expressions or comments of the trafficking women respondents are

presented under each sub topics ahead of the discussions. The comments are summarized under

different sub topics to effectively demonstrate the full picture of the trafficking process;

encompasses the expectations and reasons for leaving, recruitment and negotiation with the

brokers, means of transportation, risks in the passageway, the traffickers web, conditions at

arrival, means of getting employed, the work condition, moments of being captured, the life in

prison and ways of returning home.

The chapter is divided into two parts. Following the background information of the trafficking

women victims presented in the first part, the empirical information collected from data sources

concerning the situations of the trafficking women victims are discussed in the second part.

PART ONE: GENERAL INFORMATION ON THE RESPONDENTS

3.1. Background Information of Interviewees

Mainly the foremost participants of the study are women who have passed through and

victimized by the trafficking route from Ethiopia to Sudan through Metema.106 In addition,

another four key informants; including one police official, one court judge, one immigration

official and one plaintiff were interviewed. Accordingly, while all of the trafficking victim

participants are women, all of the participants from the concerned governmental stakeholders are

male. The details of the interviewees are presented in Tables 2 and 3 accordingly.

Table 2, General Background Information of Trafficking Women RespondentsS.No. Selected

Cases

Sex Age Educational

Level (Grade)

Marital

status

Residence before Trafficked to Sudan

Town Region

1 Case 1 F 21 6 Married Jimma Oromia

2 Case 2 F 21 9 Single Gondar Amhara

106 The detail information of the trafficked women respondents is provided in Table 3, and Figures 7, 8 and 9 by means of classifying in to Age, Marital Status and Residence sub-categories.

35

3 Case 3 F 19 6 Married Jigjiga Somalia

4 Case 4 F 18 7 Single Metema Amhara

5 Case 5 F 20 6 Married Gondar Amhara

6 Case 6 F 18 8 Single Debarik Amhara

7 Case 7 F 19 12 Single Alamata Tigray

8 Case 8 F 15 7 Single Gondar Amhara

Table 3, General Background Information of Respondents from Concerned StakeholdersS.No. Sex Age Educational

Level

Institution Name Position of the respondent on the Institution

1 M 25 12 Metema Woreda Police Office Metema Woreda Police Office, Awareness

Raising Team Leader

2 M 33 1st Degree

(LLB)

Northern Gondar High Court Criminal Trial Judge in Northern Gondar High

Court

3 M 37 1st Degree

(LLB)

Northern Gondar Justice Bureau Northern Gondar Justice Bureau, Criminal

Bunch Coordinator

4 M 39 ___ Ethiopian Immigration Office,

Metema Branch

Metema Immigration Office Director

3.1.1. Trafficking Women Respondents by Age

In general out of the eight trafficking women respondents, one woman was below the age

eighteen, five of them were between the age of eighteen to twenty and two of them were between

the ages of twenty to twenty-two years. Hence, the minimum age for the women participated in

the study is fifteen and the maximum age is twenty-one years. Thus, the average age of the

trafficking women respondents is eighteen years.

< 18 18-20 20-220123456

Trafficked Women Respondants by Age

Age

*NB: Average age of the trafficking women participants is eighteen years.

36

Figure 7, Trafficking Women Respondents by Age

3.1.2. Trafficking Women Respondents by Marital Status

With reference to their marital status, among the eight women on the study three of them were

married and five of them were single. No women were reported divorced or widowed situations

regarding their marital status.

Trafficked Women Respondants by Marital Status

MarriedSingle

Figure 8, Trafficking Women Respondents by Marital Status

3.1.3. Trafficking Women Respondents by Residence

Relating to the habitation region where the trafficking women victims come from, out of the

eight women on the study five women were lived in Amhara Regional State, one in Oromia

Regional State, one women in Somalia Regional State and one in Tigray Regional State before

they enter into the trafficking route and get trafficked to Sudan through the Metema route.

Hence, the women were collected from different regions of the country, while Amhara Regional

State takes the leading position for being a major source area of the trafficking women victims

on the study.

37

Amhara Regional State Tigray Regional State Oromia Regional State Somalia Regional State0

1

2

3

4

5

6Trafficked Women Respondents by Residence

Residence before get-ting traf-ficked

Figure 9, Trafficking Women Respondents by Residence

3.1.4. Background Information of FGD Participants

Generally seven members from different governmental offices nearly work with trafficking

issues in Metema woreda area; include Metema Woreda Police Office, Metema Yohannes

Kebele Administration Office, Metema Woreda First Instant Court and Ethiopian Immigration

Office, Metema branch, were participated in the discussion. While all of the FGD participants

were male in sex, they were found in different age levels. Accordingly, the minimum age of the

participants is twenty-five and the maximum thirty-eight years, with an average age of thirty

years. Considering their educational background the minimum is 10th grade and maximum 1st

(BA) Degree, with one to five years work experience in areas related to trafficking in women.

Table 4, General Information of FGD ParticipantsS.No. Sex Age Education

al Level

Work

Experience

Institution Name No. of

partakers

Position of the respondent on the

Institution

1 M 33 12 3 years Metema Woreda Police

Office

1 Metema Woreda Police Office,

Prosecutor

2 M 25

and

29

Diploma

and

10

5 years and

2 years

Metema Woreda Plice

Office

2 Metema Woreda Police Office,

Human Trafficking Awareness

Raising Team Members

3 M 28

and

31

1st Degree

(BA)

1 year and

4 years

Metema Yohannes

Kebele Administration

Office

2 Metema Yohannes Kebele

Administration Office, Public

Relations Officers

4 M 38 Diploma 3 years Metema Woreda First

Instant Court

1 Metema woreda First Instant

Court, Judge

5 M 32 1st Degree

(BA)

4 years Ethiopian Immigration

Office, Metema Branch

1 Metema Immigration Office,

Customer Service Officer

38

PART TWO: ANALYSIS OF THE EXPERIENCES OF THE TRAFFICKING WOMEN VICTIMS

3.2. Expectations and Reasons for Leaving

All of the eight women on the study reported that the main reasons which initiated them to leave

their homeland and being trafficked to Sudan are seeking for better money rewarding jobs and

the need for change or improvements in their life and life of their families. Accordingly, Case 1

said that the information she heard from a broker about the good money making jobs, rest/leisure

times with fee and choice of work make her to reach in a decision of trying her chance in Sudan.

Case 3 said her frustration to wait the legal work visa process to another Arab State initiate her to

come to a decision to illegally enter to Sudan. Case 4 reported that she was influenced by her

relatives living in Sudan. Case 5 said that she has no means of survival at home and it was to

search a job in which she can sustain her life. Cases 2, 6 and 8 have hoped to change their lives

and the life of their family by the money they planned to save from their salary in Sudan,

pertaining to the information they heard from their friends, relatives and brokers. Case 7 said her

dismissal from university study makes her to consider such option.107

The following verbatim examples show how the women articulated their expectations and

reasons for leaving:

I initially heard about the good money-making jobs in Sudan from a broker in Addis Ababa. He

told me that, ‘you will have times for rest’, ‘you will even be paid 50 Sudanese Pounds at the time

of rest added to your salary’, ‘your job will be only cleaning’, and ‘you can also choose what to

work’ and so on. (Case 1)

I have to help my mother, though I would like to continue my education at the time. (Case 2)

I decided to illegally travel to Sudan because I frustrated to wait for the work visa process I have

started at that time to travel to another Arab country. (Case 3)

My relatives lived in Sudan have invited me to come there and make some money. They told me

about the attractive salary paid to domestic workers. That is why I decided to go. (Case 4)

107 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

39

It was the difficulty of life in Ethiopia makes me to leave the country with the hope of getting better

job opportunities in Sudan. At the time I was on unemployment, because of my illiteracy. So, it was

to change my life. (Case 5)

I have dismissed from Bahirdar University, in the first academic year. Then I decided to not to

return home and start searching another options. That was out of fearing the gossip of the

community. In this condition I heard about the job opportunities in Sudan from my dorm mate.

Then I met a broker through my friend had a contact with him. (Case 7)

The study shows that the women on the study have pushed by poverty and related problems

including unemployment, lack of means of survival and failure in education and searching for a

better life to join the trafficking process. Such pushing factors are also primary reasons in other

origin countries for trafficking women victims throughout the world.108 Almost all of the women

on the study have not leaded a stable and satisfactory life in their country before they joined the

trafficking route. The women have further pulled by the story of attractive job opportunities and

good money making works in Sudan following the deceptive information they heard from the

brokers, relatives and friends lived and returned from Sudan. This biased information was

making them to hold elevated expectations which were incompatible with the reality in

destination. Accordingly, many Ethiopian women have left their homelands to escape poverty

and unemployment, and to earn enough money to set up a small business.109

3.3. The Recruitment Process and Negotiation with Brokers

Cases 4, 5 and 8 reported that they had initially contacted with a broker through their relatives,

and friends lived or returned from Sudan. Cases 2, 3, 6 and 7 were directly contacted and

negotiated with a broker. The negotiations have covered the means of transportation and the fees

they have expected to pay for the travel arrangement and all services provided to them by the

brokers throughout the trafficking process.110

The following verbatim examples show how the recruitment process and the negotiations with

the brokers from the trafficking women perspective:

108 HRW. (2007). Exported and Exposed: Abuses against Sri Lankan Domestic Workers in Saudi Arabia, Kuwait, Lebanon and the United Arab Emirates. New York, USA: Human Rights Watch (HRW), pp. 1-46.109 Anti-Slavery, I. (2006). Trafficking in Women, Forced Labour and Domestic Work in the Contex of the Middle East and Gulf Region. London, England: Anti-Slavery International, p. 9.110 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

40

The brokers are articulate and persuasive. They even have a power to convince employed people

to join the route and leave their jobs, apart from students with no career like me. So, I was first

persuaded by a broker to travel to Sudan in foot through Metema and then fly to Dubai. However,

when I reach in Metema people told me that a lot of people have suffered and died when they try to

cross the desert. Then I have changed my mind, and I went back to Addis Ababa to process a

temporary tourist visa, which enabled me to travel to Sudan by using a car transport. (Case 2)

I met the broker fortuitously when I went to visit my relatives. At that time I was waiting for a work

visa to go to another Arab country for domestic work. He told me about the attractive salaries and

easiness of the work in Sudan. He also told me that the travel from Metema to Sudan takes only

one hour. Then I have paid to the broker 4,000 Birr in cash to take me to Sudan, in more I

required to pay for bedroom, food and water needed in the way. (Case 3)

My relative who lived in Khartoum has made a contact with a Sudanese broker, and that Sudanese

broker contacted me with another Ethiopian broker that lived in Metema. (Case 4)

I have agreed with a broker in Gondar to pay him the overall costs for the transportation service

after I reached in Sudan from my wage, because at that time I had nothing to pay. I got the first

information from people who were living in Sudan. I heard that the salary paid to house workers is

attractive. Then I decided to go and change my life. (Case 5)

A friend of mine, who has lived in Sudan, told me about the work opportunities in Sudan. Then she

took me to the broker. The broker told me that he can take me safely to Sudan. He also told me that

I can change my life in a short time and help my families. Finally, I have convinced by his words

and so I decided to go to Sudan. At the time I have stolen some money from my family to cover the

first payment for the broker. I first paid 2,000 Birr and I agreed to pay the required other costs

from my salary in Sudan. (Case 6)

Firstly university dormitory mate told me about the situation in Sudan. She strongly convinced me

that the salary of house workers in Sudan is more than enough to change my life shortly. I told her

I have no money to pay for the broker, but she also told me that I can pay the broker after I

reached in Sudan from my salary. Then she took me to the broker. The broker also told me in

similar terms about the opportunities in Sudan, and he agreed to take the payment for the

transportation service from my wage in Sudan. (Case 7)

I initially heard about the job opportunities in Sudan from my relative who lived in Sudan when he

came to our home to visit my family. He told me about the 2,000-3,000 Birr salaries of the house

workers in Sudan and easiness and safety of the passage. After I heard all this, I asked him to take

me to Sudan with him and he agreed. I initially paid 5,00 Ethiopian Birr to him and I agreed to

pay the remaining required payment in Sudan from my salary. (Case 8)

41

The study shows that the recruitment of the trafficking women victims was conducted either

directly by the brokers spread throughout the local community or indirectly by using the relatives

and friends of the trafficking women victims. Most of the time the local brokers have used their

social set of networks within the community to approach and deceived the potential trafficking

women victims. In most of the cases the brokers have persuaded the women to initially pay some

percent of the required money for the travel arrangement range from 5,00 to 4,000 Ethiopian

Birr, though two of respondents have not asked to make initial payment. In both cases, the

trafficking women victims have agreed to pay the remained money from their salary in Sudan.

This exposed them to be seized in debt and conditions akin to slavery. Slavery is one form of

exploitation mentioned in the definition of trafficking in persons provided under the Palermo

Protocol. Moreover, the Supplementary Convention on the Abolition of Slavery, the Slave Trade

and Institutions and Practices Similar to Slavery is proclaimed debt bondage as one of the

slavery-like practices and required its abolishment.111 Accordingly, an act or attempted act of

enslaving or inducing another to slavery or slavery-like practices is a criminal offence.112

3.4. Means of Transportation

The women on study have used two ways to leave Ethiopia and penetrate to Sudan. These are

firstly by using car transportation for those who got a one month Sudanese tourist visa, and

secondly crossing the borders in foot travelling through the desert for those who did not have the

entry tourist visa to Sudan.113 Accordingly, Cases 1 and 2 have used Sudanese tourist visas to

convey to Sudan through transportation buses. Cases 3, 4, 5, 6 and 7 has required crossing the

desert between the Ethiopia and Sudan (Ethio-Sudan) border walking in foot for a time ranged

from one day up to one week. They mentioned that the passages had encompassed a group of

trafficking people walking together ranged from fifty to eighty in number. Furthermore, Case 8

was captured in Metema by the Ethiopian Border Security Forces at the time she prepared to

cross the border.

The following word for word examples shows the means of transportation:

111 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery… supra, footnote 85, Article 1.112 Ibidem, Article 6.113 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City; and anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.

42

Firstly I came from Jimma to Addis Ababa by using a bus, and I stayed in Addis Ababa for a while

to process Sudan tourist visa. After I receive my visa I went to Metema through Bahirdar and then

to Khartoum: Sudan. I used bus transportation to reach all the destinations. (Case 1)

After I reached in Metema, to cross the Ethio-Sudan border through the deserts in foot, I realized

that many people have died everyday in the deserts. Then I decided to return back to home and

process a temporary Sudan tourist visa. Because if I have the tourist visa I can enter into Sudan

travelling through a bus transport, and avoid the risks. So, finally, that was what I did. (Case 2)

Firstly I travelled from Jigjiga to Harar by using a bus transport, then to Nazareth in the next day.

After that, I pass the third night in Addis Ababa traveling from Nazareth. From Addis Ababa it

takes me another day to reach Chilga; a town near to Metema. I arrived at Metema in the fifth day.

Subsequently, I stayed in Metema for the next three days with other travelers like me. Finally,

starting from Metema, we travelled in foot almost for a week through the deserts to reached

Sudan. By the time we started travelling from Metema, we were around seventy people together.

We have carried some food and water in a small bag. Most of the times we walked in the night and

keep on the day covering under stick huts, made by the brokers here and there to hide from

security patrols. In some place near to Sudan, there were a lorry waiting for us and we have

entered into Sudan transported on it as stuff. They lied to traffic police men saying as they were

shipping potatoes. (Case 3)

We were around seventy to eighty people together, when we started travelling from Metema. We

started walking in the night with the broker from Metema. And we travelled in foot through the

jungles and desert for four days to arrive at Khartoum: Sudan. (Case 4)

Firstly, we have travelled from Gondar to Metema by using a mini-bus. Once we reached in

Metema, the broker in Metema took us to a large room where many people like us have collected.

We were totally around seventy people hide together in the room. Later than we spent the night in

Metema, the next day we started crossing the desert in foot by the mid night. After we stride for the

next day and night with no rest, in the mid of the third night we got a big lorry waiting for us in the

forest near to Khartoum. Then we lift up to the back of the vehicle. (Case 5)

To start with, we have travelled from Debarik to Metema in truck. After reaching in Metema, the

broker in Metema took us to a room found at the periphery of the town. At the time, we were about

sixty persons together waiting an order of the brokers to travel. The brokers collected us to the

room and closed the doors upon us. After that, no one has allowed to enter and leave the rooms,

particularly the women. They let us urinate by dividing in a group of two or three people together

at a night. Then we started travelling at night after we spend two days in Metema. Then we crossed

the deserts travelling on foot for six days. We were travelling mostly at night and hided the

43

daylights to not seen by the military patrols. Finally, at the end of the voyage a lorry came at night

and then we transferred in to it. (Case 6)

We travelled from Bahirdar to Metema by using a mini-bus. We were about ten people together

when we started traveling from Bahirdar. Then, we met a broker in Metema and he took us to an

outsized room where we passed the time until we travelled. He informed us about the voyage and

the necessities needed to have including water, some food and plastic shoes. He also warn us to

not show the broker if we captured by security forces. Finally, we were almost fifty people

collected together in the room in Metema waiting for the right time to travel. Then we started

crossing the desert at night and we have travelled on foot for almost a week. (Case 7)

Firstly we travelled from Gondar to Metema in a vehicle. In Metema we have taken to a room

where we stayed the day and nights before travelling. The room we spend the first night does not

have any door and window, it was just open. We were initially two women slept together in that

class, but in the next day the broker took us to another room. At last, we reached near to two

hundred fifty people divided in to four or five different rooms. In this condition we wait for a week

in Metema. After a week one night when we have ready to travel at a midnight the federal police

officials came and captured us before we leave Metema. (Case 8)

In addition, as the Metema woreda Police records indicate, many women have been captured by

the Police and Border Security Officials at the time they attempted to cross the Ethio-Sudan

border illegally. They sometimes captured in Metema earlier than they start moving to cross the

border, and sometimes in the deserts when they travel in foot or sometimes lost.114 Surprisingly,

the trafficking women victims were not usually willing enough to disclose the identities of

brokers travelled and sometimes incarcerated with them. Metema woreda Police Officer said

‘they never testified against the broker.’115 More often than not, this was out of fearing the

potential threats possibly bowl from the side of brokers and their collaborators towards them, and

sometimes having the plan of travelling again to Sudan using the same trafficker/broker.116

Figure 10 shows the number of failed trafficking attempt cases reported to the Metema woreda

Police Office in the year 2011/12.

114 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.115 Ibidem. 116 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city; and anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.

44

November December January February March April

8 10

17 18

0 1

10

22 25

1915

2118

32

42

37

15

22

Cases of Trafficking Persons Captured by Security Officials Reported to the Metema Worda Police Office in 2011/12 (from November to April)

Men Women Total

Source: Metema Woreda Police Office

Figure 10, Cases of Captured Trafficking Persons Reported to Metema Woreda Police

Office in the Year 2011/12 (from November to April)

The study reveals that most of the women in the study have crossed the deserts between Ethiopia

and Sudan travelling in foot for one up to six days. In two cases the women used temporary

tourist visas to travel to Sudan in a vehicle. The brokers have collected the women came from

different corners of the country tagged along the trafficking networks to the secrete rooms in

Metema. There are persons who receive and take the trafficking women victims to the furtive

rooms called ‘Shekaba’s,117 work in partnership with the brokers.118 The women have stayed for

one up to seven days in Metema sharing the rooms with five up to eighty people waiting

collectively an order from the brokers to move about. The secrete rooms are built in the margin

117 A ‘Shekaba’ is a person who gets a commission from the brokers for taking the trafficked women victims reached Metema to the hiding rooms. This is to make the actual broker invisible and unknown by the police or security officials.118 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.

45

of the City apt to easily exit.119 Then they started crossing the desert in group (fifty to eighty

peoples together) travelling in foot at night and settle the days under trees and wooden huts built

at the desert to be out of sight of security officials. Besides, many women have been captured by

the police when they try to illegally cross the border.

3.4.1. Risks in the Passageway

All the women on the study (except Cases 2 and 8) reported that transporting through the deserts

in foot has exposed them to many physical and psychological abuses and risky state of affairs.

They mentioned deaths, hunger and thirsty, rape, robbery, kicking, punching, beating and

insulations, being captured by security patrols and unknown people, and being lost in the deserts

with no money to either return home or enter Sudan as risks the women commonly experienced

in the passageway.120

The following verbatim examples show how the women expressed the risks inflict upon

trafficking women travelled in foot from Metema to Sudan:

The brokers have left the women alone in the desert after they took and robed their money. Some

of the survivals are sometimes returned to home after staying a week and above in the deserts

between, even with no single Birr to buy a drinking water. These women have faced a situation of

neither getting to Sudan nor return home. They have wasted and died in between. (Case 1)

My first two attempts to cross the Ethio-Sudan border have not successful. In the first one, I have

captured by the border security forces, and one other time we have incarcerated by unknown

people in the desert. This person has robbed my gold necklace from my neck in addition to the

money what we all have. For instance, they raid 150 Sudanese Pounds from me. Then, it was in my

third attempt that I succeed to cross the border and enter to Sudan. In the way, we slept at the

jungles in the desert just like as animals. We have starved and thirsting. We sometimes have eaten

the fruit of a desert tree locally called ‘gaba’ and groundnuts to kill our starvation. Additionally,

we have required to walk fast in the desert, and if we slow down they kicked us through sticks in

behind. (Case 3)

In the passage, we have carried some food and water in a tiny bag. Besides, there was nothing to

eat and drink in the desert. The brokers traveled with us in the deserts were very cruel. The

problems were even higher in the women than the men travelers. Because of the absolute power 119 Ibidem.120 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

46

they own upon us, the brokers have asked us many things to offer to them including our body. The

numbers of women who have raped by the brokers were many. Some of them became pregnant.

There were also women died in the desert. For example, one woman among us has died out of

hunger, thirst and being tired. At that time, we have no choice than leaving her in the desert. So we

cried and leave her dead body in the desert. (Case 4)

In a place near to Khartoum the lorry was accidentally gone down, carrying around seventy

people in the back. Most of us were women. Following the car accident five women have

immediately died and around twenty people wounded. I also have some wounds in my leg and my

front head, but I was in good health. At that time, the Sudan Police Officers have come and took

the badly wounded people to hospital and us to the prison. (Case 5)

The ruthlessness of the passage is difficult to express in words. Hunger and thirst were common,

but there were also people among us who have severely sick and exhausted and finally died in the

deserts. Along with, three people have severely ill in the passage and unable to move their legs to

any further extent. Then we just put them under a tree near to the highway to make them

obtainable by the security patrols. I didn’t know if these people have survived or died.

Additionally, the brokers have kicked us, beat us, insulted us and gave us a warning of leaving us

behind in the desert if they got a problem with us and if we became tired, decelerate and lag

behind the travelers on the voyage. Generally, they have played with the women passengers.

Thank to God I am okay, but there were women among us raped by two and three men at once,

slapped and punched when they hesitate to obey. (Case 6)

Most people have not the courage to talk about it, but in the passage many things have happened

upon the women. The passage was so nasty, even infamy to talk about it. As a woman, we have

experienced rape. For that matter, there were women among us raped by two and three men at one

time. And we have received warnings of letting us leave behind in the desert if we look like tired

and lag behind the bunch. (Case 7)

At the time we were in the secret rooms in Metema, the brokers have provided us inadequate food

and water. They gave us two ‘injera’ for five persons at breakfast, lunch and dinner times, just to

keep breathing. (Case 8)

The study revealed that the women has experienced grave human rights (physical and

psychological) violations committed against them by the brokers, security officials and unknown

people in the deserts, and as the result of the malevolent situation of the passage. The

traffickers/brokers have used the absolute power they possessed upon the trafficking women

47

victims to satisfy their sexual and economic desires in force. In the center of the deserts, no one

can stop them from doing whatever they wish upon the women.121

In case in point, the women in the study have witnessed abuses of rape, by one up to three men at

once.122 In the international human rights law the crime of rape has been treated as a crime

against humanity.123 Rape was also proclaimed as form of violence against women in the

CEDAW and Protocol to the African Charter on Human and Peoples’ Rights on the Rights of

Women in Africa.124 Accordingly, the CEDAW recommendation No. 19 recommends that states

should take every legal measure necessary to protect women from all forms of abuse including

rape.125 The women had been robbed their money, jewels and all the valuable things they have,126

121 An interview of Tiliksew Yitayal, Director of Amhara Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV), April 22, 2013 in the afternoon 1:12 pm at ATV Studio.122 Cases 6 and 7 witnessed the situation of women raped by two and three brokers at once. Additionally anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city. He also said that the women were raped by seven and eight men at once, and some of them died out of the misery. The Sudanese had brought the bodies of some of the women to Metema, but most of the women are buried if not eaten by wild animals in the deserts. 123 The Rome Statute of the International Criminal Court, of 10 November, (1998), in its Article 7 (1) (g) classifies “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” committed “as part of a widespread or systematic attack directed against any civilian population” as crimes against humanity. In the same way, under the Nuremberg Charter Article 6 (c) proclaimed that crimes against humanity are “atrocities and offences, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape or other inhuman acts committed against any civilian population or persecution on racial, political or religious grounds in execution of or in connection with any crime within the jurisdiction of the tribunal whether or not in violation of the domestic law of the country where perpetuated.124 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, of 11 July, (2003), Article 4 (1) reads “every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited; (2) “states Parties shall take appropriate and effective measures to: (a) enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public; (b) adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women; (c) identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence; (e) punish the perpetrators of violence against women and implement programs for the rehabilitation of women victims.”125 Convention on the Elimination of All Forms of Discrimination against Women, General Assembly Resolution 20378, of 18 December, (1979), Article 1.126 Case 3 mentioned that unknown people were robbed 150 Sudanese Pounds and gold necklace from her in the desert between Ethiopia and Sudan. She also said that she was re-trafficked for three times, after her first two attempts to cross the border was failed following they were captured by security officials and returned.

48

which is against their right to property.127 Additionally, they have experienced physical violence

including slapping, kicking, beating and punching in time of delaying behind the travelers and

disobeying. Over and above, they have experienced hunger and thirsty,128 which is against their

right to food and freedom from hunger.129 Besides, their rights to life130 and security131 have been

violated by the brokers and thorny situations of the passage. The right to life is an inherent right

to all human beings proclaimed in many human rights instruments including the ICCPR,132 the

UDHR, 133 African Charter on Human and Peoples’ Rights and Protocol to the African Charter on

Human and Peoples' Rights on the Rights of Women in Africa.

3.5. The Traffickers Web: Sharing Benefits

All the women on the study (except Case 4) has revealed that the brokers are connected each

other and with polices and security officials as well as members of the community lived around

the trafficking areas, and share the benefits together.134

127 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948), Article 17 (1) and (2) reads “everyone has the right to own property alone as well as in association with others.” And “no one shall be arbitrarily deprived of his property.”128 Case 3 said she was eating fruit of a desert tree locally called ‘gaba’ to sustain her life. And case 4 and 6 also revealed that they were get food and water problems; and an interview of Tiliksew Yitayal, Director of Amhara Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV), April 22, 2013 in the afternoon 1:12 pm at ATV Studio.129 International Covenant on Economic, Social and Cultural Rights, General Assembly Resolution 2200A (XXI), of 16 December, (1966), Article 11 (1) and (2) proclaimed that “the States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent”; “the States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programs”.130 Case 4, 5 and 6 witnessed the situation of women died out of hunger, thirsty, tired and car accident before they reach to Sudan. These women have not even got the chance of burring in a proper funeral ceremony. Their dead bodies may have eaten by wild animals. Additionally, in the anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.131 Cases 6 and 7 mentioned that they were received warnings from the brokers in times they feel tired and lag behind.132 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI), of 16 December, (1966), Article 6 (1) reads “every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.133 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948), Article 3 “everyone has the right to life, liberty and security of person”.

49

The following verbatim examples show the way how the traffickers are networked throughout

the trafficking process:

The broker in Sudan has a network with the brokers in Ethiopia. She receives the people propel to

Sudan by the brokers in Ethiopia. She was the one who makes me engaged in domestic work.

Finally, I think they are sharing together the money collected from us. (Case 1)

The brokers have a set of connections. They transferred people from one broker to another broker

in contacting through cell phones. In Sudan, the brokers are also working together with police

officers and employees and then they share the benefits together. (Case 2)

The broker in Addis Ababa did not travel with us to Metema. He just gave a call to the broker in

Metema and transferred us to him. The broker in Metema has also transferred us to another

Sudanese broker in Galabat, took us through the desert. At arrival in Sudan, the Sudanese broker

as well has transferred us to another Ethiopian broker waiting for us in Khartoum. (Case 3)

The broker in Gondar has sent us to Metema and there was another broker received us in Metema

and facilitated the transport arrangements for us. (Case 5)

The broker in Debarik has called to the broker in Metema and told him about us. He also gave us

his phone number and told us to call him when we reach there. Once again, the third broker

travelled with us all the way through the desert has also transferred us to the women broker in

Sudan make a work arrangement for us. All of the brokers involved in the process have finally

shared the money collected from me and peoples like me. (Case 6)

The broker in Bahirdar gave us the phone number of a broker in Metema and told us to meet him

at arrival. Subsequently, the broker who is facilitating the transportation process in Metema has

also shifted us to another Sudanese broker in Galabat. Once again, the brokers guided and

travelled with us throughout the desert have transferred us to another broker wait in Sudan. Then

he engaged me to house work. (Case 7)

The study indicates that the traffickers/brokers has established an extensive networks

encompassed peoples starting from the local brokers sprawling all over the community into the

family level to the brokers establish themselves in Sudan. Trafficking women victims have been

transformed from one broker to another during the passage.135 All brokers in each level have their

134 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.135 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.

50

own roles and jobs have to do.136 In this particular case, the brokers can be categorized into four

major clusters. This is by following the key stages of the trafficking networks stretched from

each Ethiopian woman’s home to the destination places in Sudan and the roles the brokers

played in each step.

The first stage of the trafficking network is the recruitment. The role of the brokers in this stage

is identifying and conscripting the potential trafficking women victims and setting connections

within the community to facilitate the recruitment process. The second key step in the trafficking

network is collecting the trafficking women victims to Metema and preparing them to the

passage. And the role of the brokers in this category is facilitating secrete rooms for the

trafficking women victims reached Metema and preparing them to the passage. The third step in

the trafficking process is Galabat, it is the place (Sudan border town) where the Ethiopian

brokers in Metema transfer the trafficking victims to the Sudanese brokers.137 The trafficking

process is mostly end in Khartoum: Sudan with engaging the trafficking women victims to

labour works for exploitation. The role of the brokers in this cluster is engaging the trafficking

women victims reached Khartoum to domestic labour and other jobs and then collect money

from their salary.

The traffickers’ webs have also trapped government executives and police and security officials

positioned to combat the problem, using the sweeteners and benefits.138 Moreover, there are also

situations in which the brokers collaborate with close family members, friends and other relatives

to execute their trafficking activities. This shows the level of difficulty of suppressing the

problem, because it involves many actors and interests from the government structure and the

community.

3.6. The Condition Confronts Women at Arrival

All women in the study (except Case 8) reported that the situation at arrival was not matching

with the information they have heard at home (in Ethiopia) before they travelled to Sudan. Cases 136 Therefore, it is must for every broker to play his/her role accordingly in order to complete the process and finally generate money out of it. Hence trafficking is a process requires the combined involvement of various actors.137 However, this may not always happen. The Ethiopian brokers in Metema may also travel with the trafficked women victims to Sudan.138An interview of Commissioner Mesfin Abebe, Deputy Director for Crime Investigation Main Department of Ethiopian Federal Police Commission conducted with Fana Broadcasting Corporate (FBC), Teguazh Nekash program, January 02, 2013 in the morning 9:22am at FBC Studio.

51

1, 6 and 7 have received by a broker when they arrived in Sudan. Furthermore, Cases 2, 3 and 4

went to their relatives and families lived in Sudan. Moreover, Case 3 was requested to pay 2,000

Sudanese Pounds before she met her relatives living in Sudan.139

The following verbatim examples show the conditions confront trafficking women at destination:

After arriving in Khartoum, I have engaged in a job through a broker who make contact women

like me with employers. I have engaged in a domestic work. Then the broker took my three-month

salary. So, I have worked for free for about three months to pay my debt to the broker. Generally,

the situation in Sudan was completely different from the things the brokers told me before in

Ethiopia. If truth be told, it was horrific. They did not even use our name to describe us. They call

us ‘habesh' or ‘habeshye', even if they definitely know our name. (Case 1)

I got a job in a foreigner’s house through my relatives who lived in Sudan for long time. I have

served as a domestic worker. Actually, in Sudan selling people is a daily business. In the day light,

people have putted on the market for transaction. The Sudanese employers have considered us as

thieves, naughty and prostitutes. To my surprise, they sometimes think like our sex organ is putted

in our forehead. (Case 2)

At arrival I needed to go to my relatives in Khartoum, but the brokers told me that they are not

going to release me until I pay 2,000 Sudanese Pounds. So, it is after my sisters lived there in

Sudan transferred the required amount of money through cell phone, the brokers released me and

then I can see my sisters. (Case 3)

When I arrived in Sudan a man I know was receipt me, after I gave him a call according to the

address he gave me before. He also engaged me in domestic work. (Case 4)

On arrival, the broker who makes us cross the desert has transferred me to another broker lived in

Khartoum, whose job is to engage people to work and collect money from our salary. So, the

broker arranged a job for me and she took my three-month wage in exchange. (Case 6)

In Sudan I have transferred to another broker, whose role was to receipt people like me and bind

with employers. So, the broker has engaged me to domestic work, and then he took my seven

month salary for that matter. Later, after I worked for about nine months in a Sudanese house as

domestic worker, I determined to go out and try to do my business on the streets. Because I heard

that the money in such businesses was better than the salary of being a house worker. Then I

started boiling tea in the street, having my two months’ salary as first capital. (Case 7)

139 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

52

The study shows that the women on the study have realized that they were deceived by the

brokers immediately after they arrive in Sudan. The stories they were told by the persons who

recruited them at home were totally irreconcilable with the real situation wait for them in Sudan.

Only the women pay the full payment to the brokers were unrestricted to move and met their

relatives in Sudan. Nevertheless, the women unable to finish the payment for the travel

arrangement at the start have been required to forfeit the remaining money later in arriving at

Sudan from their salary. In one Case the women’s relatives lived in Sudan have paid 2,000

Sudanese Pounds to take the women from the hand of the brokers.140 In three Cases the women

were seized as debt bondage until they ended paying the compulsory fee to the brokers from their

salary.

The women participants also revealed that in their arrival the Sudanese were not receive and treat

them with due respect. For example Case 1 said that they even did not use her name to describe

her, rather preferred to use a name commonly used to describe all Ethiopian women, called

‘habesh’. Case 2 also mentioned that in Sudan Ethiopian women were branded as thieves,

naughty and prostitutes. Therefore, they have been undermined and treated accordingly as sub-

humans.

As further evident in the study, the trafficking women participants have been predominantly

engaged in domestic work and street tea boiling/selling activities. The brokers in Sudan have

played the role of receiving and searching a job to the trafficking women transferred to them, and

then collecting the remained payments from their salary. In doing so, the women were remained

seized in debt. Therefore, they turn out to be slaves with having no right to leave or change their

jobs as well as having no claims even at the time their life and rights have been threatened. This

continues until the brokers obtained their earnings from the employers. For that reason, the

participants have not received their three up to seven month salary to end paying their debts.

Most of the women were engaged to work through brokers, but in two cases the women have

hired to a work through their relatives and friends.

140 Anonymous interview conducted with trafficked women returnee, December 24, 2012 in Metema City.

53

3.7. The Work Environment

All the women on the study (except Cases 5 and 8) reported that the work condition they were

engaged in Sudan was abusive. Accordingly, Case 1 said that she was not allowed to go outside

the house and denied rest, and she was beaten, slapped and kicked and deprived food by her

employer. Case 2 said she was observed a situation of a woman whose naked pictures were

distributed by a Sudanese man in the internet and one another women forcefully take HIV/AIDS

test. Case 4 said that she was tried to conceal her grief from her employer, in fearing the

unpleasant consequences. Case 6 stated that she was denied to go outside the home for about

seven months. And Case 7 said that she was not receiving salary for seven months and her

employer was mistreating her.141

Here are some verbatim examples show how the women uttered the work condition in which

they were engaged in Sudan:

We did not allow going outside the house compound, even to throw garbage. The employer was

took us from the broker in a car and brings us in the same way if it is necessary. They do not want

us to see the outside. There are women works for eight and nine months for free, as their salary

was paid to the broker. This continues until we finish the contract the broker gets with the

employers. Above all, taking a rest is forbidden. The employers have compelled us to work without

break and punish us if we stop working through punching and food deprivation. (Case 1)

One Sudanese man was distributing naked photos of a woman I know in the internet and one other

woman have deported after she stayed for about two months in Sudan, accused for being HIV

positive, but she was not. She was free, it was just defamation. Actually, there are many women

deported in alike false accusations. (Case 2)

How could it be good? In order to keep my job, I was smiling only to cry inside. I was hoping that

the future will be better. (Case 4)

Sudan is a place where ‘habesha' or Ethiopians have treated as cattle and somewhat a trash. We

were living with no respect and denied our humanity. The employers do not have any respect for

us. They do not even count us as a human creature. They have treated us as a commodity. Besides,

they have repeatedly abused us. This includes verbal and physical harassments, laying overburden

on us as punishment, denying rest and going outside the home. My employer was not particularly

willing to let me move outside the home until I finish my seven month contract. (Case 6)

141 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

54

Subsequent to seeing the work condition there, I regretted my decision to travel to Sudan. It was

disgusting. I have not received any salary for about seven months. Because it has paid to the

broker to cover the transport cost. After all it was the broker made a contract with the employers,

not me. I started receiving my salary by the eighth month. Besides, my employer was heartless to

me. She even does not want me to look straight towards her husband. I think she has suspected me

for seducing him. (Case 7)

As evident from the study, the work environment in Sudan was not safe for most of the women

engaged in domestic work and street tea selling. In Sudan, especially Khartoum, many Ethiopian

women are seen involved in informal sector activities, where it has been met with considerable

hostility and harassment.142 All the women on the study did not sign any contract with their

employers; rather it was the brokers got a deal with the employers on the behalf of the women.

This grants the brokers an absolute control over the life of the women and their salary.

Besides, they have been experiencing a number of abusive situations that intimidated their very

existence. As an illustration, the women witnessed that threats were come from the side of the

employers as well as brokers. They have been seized for a debt and compelled to serve for three

up to seven months without salary in conditions comparable with slavery. The women have

restricted to move outside the home compound, which violated their right to freedom of

movement.143 In addition, the women have faced physical violence. As an illustration, they have

been beaten, slapped, punched, denied rest and forced to work without breaks along with

punished with overloads of work. Furthermore, the women also revealed that they have

experienced psychological abuses. Accordingly, they have been disrespected and treated as sub-

humans, deceived to engage in pornographic activities, involuntarily take HIV/AIDS test,

defamed and verbally insulted.144

142 Anti-Slavery, I. (2006). Trafficking in Women, Forced Labour and Domestic Work in the Contex of the Middle East and Gulf Region. London, England: Anti-Slavery International, p. 14.143 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948), Article 13 (1) and (2) stipulated that “everyone has the right to freedom of movement and residence within the borders of each state”; and “everyone has the right to leave any country, including his own, and to return to his country.” In the same way, the ICCPR also recognizes the right to freedom of movement.144 Generally, all of the women on the study passed through this route have in common used the word ‘disgusting’ to describe the overall condition of the work in which they were engaged.

55

3.8. The Moments of Being Captured by the Police

Cases 1, 2 and 7 reported that they have captured by Sudan Police Officials when they were at

work. Cases 1 and 7 have been occupied in street tea boiling activity at the time they have been

captured and Case 2 working in Sudanese house as a domestic worker.145

The following verbatim examples show the manner trafficking women workers have captured by

the police:

I have occupied on street tea selling activity at the time the Sudan Police Officials captured me. It

was after I stayed for about two years and five months in Sudan. They just fortuitously came and

arrest me. I even did not have a time to collect my money and belongings located here and there.

(Case 1)

It was after I stayed and work for about three years in Sudan; the Sudan Police Officers captured

me when I just walk in the road getting some rest after work. (Case 2)

One day when I was in my daily business; I mean selling tea in the street, Sudan Police Officials

captured me and become imprisoned. Unfortunately it was just after one month in which I engaged

to this business. (Case 7)

The study indicates that those women who have deported by the Sudan government (occurred in

Cases 1, 2 and 7) were captured after staying for long period of time in Sudan (ranged from nine

months to three years). They have captured accidently with having no idea and preparation to

leave, and have no time to collect their money and belongings. Finally, they have returned home

with having nothing except the clothes they dress in. Thus, they had deprived everything what

they have strived for and the assets they have accumulated for years to change their lives at the

time they returning home.

3.9. Life in Prison

The women in Cases 1, 2, 5 and 7 stated that they were held in prison in Sudan later than they

are captured and accused for being illegal to enter and work in Sudan. The prison sentences

range from one week to two years.146

145 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.146 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

56

The following verbatim examples show the manner trafficking women treated in Sudan prisons:

The abuses committed on us in the prison were totally intolerable. For example one woman who

was arrested with me has died after reaching in Metema, following harshly beaten by the guards

in the prison where we detained. The prison guards were very cruel. There were women in the

prison sentenced for six months, one year, and two years. Generally, the condition of the prison

was nasty. We were regularly required to clean the bath rooms, urinate and defecate of the prison

guards known as ‘jinhub' in our hands just with water. Every day, we start our daily job by

cleaning the prison compound and the corridors in the dawn 4:00-5:00 am. (Case 1)

Following the court decision, I have sentenced for about two months and five-day prison for

working without a work permit. In the prison there were a lot of women arrested, most of them

were sick and mentally disordered. They gave us single bread per a day, together with a little

‘misir wot’. Moreover, we have slept on the cement floor with no sleeping mat. The floor was very

cold. So, that exposed us to many diseases. For example a woman from Addis Ababa has died just

after two days we reached in Metema. She was becoming paralyzed after staying for ten days in

the prison where I was arrested. It was because of the coldness of the floor she was sleeping on.

After that, her dead body has buried by the Metema Woreda Municipality Office, with the clothes

she has dressed. However, her parents came after three days, and then they dig out her body from

the grave and bury it again properly as to the religious funeral rules of Orthodox Christianity.

(Case 2)

I was detained for a week in Sudan, because of my illegal status. I have captured after the car

accident I deal in the road near to Khartoum. In the prison, I have slept in the floor with no resting

mat. Besides, the Sudan prison officers have not provided any services to us in the prison.

However, some Ethiopians residents in Sudan have sometimes provided us some food and related

items. (Case 5)

I was in prison in Sudan for about two months. The overall situation of the prison was sickening.

Nothing was good about it. There was no bed or mat to sleep on, rather I have slept in the floor or

putting my dresses below. Many Ethiopian women have died in the prison out of coldness and

hunger. Furthermore, the prison guards have sexually exploited and raped the women prisoners

every time. The guards were not accusable and awkwardly our voices were totally unheard. Thus,

there was no place we can talk and appeal for our problems. (Case 7)

The study shows that the condition of prisons in which the women on the study were detained

was hostile to their life and health as well as mental conditions. In all measures, the prison

57

facilities were not up to the Universal Minimum Standards of Prison Treatment.147 For example,

the food, health care and bedding facilities were not to the standard. Besides, the women were

not secured for their life and their basic rights in the prison. The women on the study revealed

that their life and health conditions have repeatedly threatened by the prison guards and lack of

basic necessities. For instance, they have been forced to clean the rooms, wearing clothes and

toilets of the guards and the whole prison compound regularly with no protective materials,

which is risky to their health. Additionally, they have arbitrarily beaten, sexually exploited, raped

and tortured by the prison guards, which are proclaimed as forms of torture and cruel, inhuman

or degrading treatments in the UDHR,148 CAT149 and ICCPR.150 Thus, every act of torture within

the meaning of the CAT is crime, and any individual who commits such an act is subject to penal

sanctions as specified in criminal statutes. Torture cannot be justified by exceptional

circumstances, nor can it be excused on the basis of an order from a superior officer.151

There are also trafficking women prisoners died out of the violent condition of the prison.

Basically, being in prison does not mean that having no rights at all. There are rights that shall

not totally be limited even for lawbreakers. For example, denying the right to movement to the

detained trafficking women could be justifiable, but not death, not rape, not starvation and not

torture. These are non derogable rights for all human beings, but what the women on the study 147 Standard Minimum Rules for the Treatment of Prisoners, Economic and Social Council Resolutions 663C (XXIV), of 31 July, (1957) and 2076 (LXII), of 13 May, (1977).148 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948), Article 5 reads “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”149 The Convention against Torture and other Cruel, Inhumane or degrading Treatment or Punishment, General Assembly Resolution 39/46, of December, (1984), Article 1 defines Torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or the third party has committed or is suspected to have committed, or intimidating or coercing him or third party, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”; additionally Article 2 stipulated that “each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction;” “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture;” and “an order from a superior officer or a public authority may not be invoked as a justification of torture.” 150 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI), of 16 December, (1966), Article 7 proclaims that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”151 General Comment on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, CAT/C/28/Add.5, of October 15, (1999).

58

have been denied when they were apprehended in the Sudan prisons. That is absolutely beyond

the pale.

3.9.1. Responses from the Ethiopian Embassy in Sudan and Other Stakeholders to the

Women in Prison

All four (Cases 1, 2, 5 and 7) of the women deported by the Sudanese government after they pass

through imprisonment in Sudan have witnessed for the lesser amount of attention given to them

from the Ethiopian Embassy in Sudan (the Embassy) and other concerned stakeholders.152

The following verbatim examples illustrate the responses of the Embassy to the situations of

Ethiopian trafficking women prisoners in Sudan:

The Ethiopian Embassy did nothing when we report such mistreatments happened in the prison.

They hear about us and come, but they did nothing than just asking us questions like ‘why do you

come here?’ and ‘why do not you try to work in your country?’ In which cannot resolve our

problems. (Case 1)

Our Embassy knows about everything that has happened in the prison, but they managed to

change nothing. Ethiopian prisoners have been reporting their problems every day, but still they

are threatening and dying. There were citizens of many countries in the prison; including

Nigerians, Americans, and Iranians and so on, but the most mistreated people are Ethiopians.

(Case 2)

People from the Embassy had come and visited us while we are in the prison, but there was

nothing they did to help us. (Case 5)

Actually the Embassy officials have visited us in the prison. We told them all the problems we have

repeatedly, but they did not give us any solution. They just listen and go. They did not even ease

some health cares for the sick Ethiopian citizens in the prison and a means to return them to their

homes. (Case 7)

The study reveals that the attention given to the Ethiopian trafficking women prisoners in Sudan

is insufficient. From the government side, the Embassy was supposed to alertly stand for the

rights and wellbeing of these women prisoners. However as the trafficking women respondents

clearly expressed the efforts made by the Embassy to protect the rights of the Ethiopian

152 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.

59

trafficking women prisoners in Sudan was of no consequence. Contrarily, the Embassy officials

have been blaming the trafficking women victims suffering a lot in the detention centers for their

decision to illegally enter to Sudan. They ask the women questions like ‘why do you come here?’

‘Why do not you work in your country?’ This cannot totally be a solution for their problems, but

further headaches.

3.10. Means of Returning Home

The women on the study have mentioned two major reasons drive the trafficking women victims

to return to Ethiopia. These are, one when they have deported by the Sudan government

Immigration Office and sometimes because of other reasons related to bad health conditions and

insufficiency of the salary they were paid to bring considerable change on their life. This is

mainly interrelated with the devaluation of the Sudanese Pounds exchange rate.153 According to

the Ethiopian Immigration Office, in the beginning of the year 2012/13 (from September to

December) an average of 1,671 women have monthly been deported and returned from Sudan.154

2186

1157

1868

1227

Ethiopian Trafficked Women Returned and Deported from Sudan through Metema in the beginng of the year 2012/13 (from September to

December) September October NovemberDecember

Source: Ethiopian Immigration Office, Metema Branch

Figure 11, Ethiopian Trafficked Women Returned and Deported from Sudan through

Metema in the beginning of the year 2012/13

More to the point, this number includes the women who have been captured by the Ethiopian and

Sudan border security officials at the time they prepared or attempted to illegally cross the border

with the direction of the brokers. The number has ranged from two women (in September 2012) 153 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.154 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.

60

to forty-two women (in October 2012) per month. This means an average of twenty-two women

have been captured on the Ethio-Sudan border when they attempt to cross the border illegally.

The following figure shows the number of women captured in Metema by security officials when

they attempt to cross the Ethio-Sudan border illegally.

September October November December0

1020304050

Trafficking Women Captured by Security Forces in 2012/13 (from Sep-tember to December)

Womens Captured by security forces

Source: Ethiopian Immigration Office, Metema Branch

Figure 12, Trafficking Women Captured by Security Forces in Metema area

The study further shows that the deportation process of the trafficking women victims was

embarrassing. The women have been treated by the Sudan government Immigration and Police

Officials with no or less respect. Besides, all the women have not been allowed to collect and

brought their property and money at the time they are deported to their country.155 Thus, at last

most of the women have returned back to Ethiopia with no money even to cover the transport

cost to reach to their homes. At this point, neither the Metema Immigration Office nor the Police

have sufficient budget to provide at least some basic facilities including food, shelter and

transportation to the trafficked women returnees.156 The best thing they often did is giving a call

to the families of the returned or captured trafficking women victims.157

155 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in Metema City.156 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.157 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.

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3.11. Preventive (Counter Trafficking) Measures

From the government side, the FDRE government is making numerous efforts to combat

trafficking in women and to bring the perpetuators to justice. As an illustration, at Federal level

National Committee to Combat Human Trafficking has been established under the supervision of

FDRE Ministry of Labor and Social Affairs (MoLSA). The figure below shows the structure of

the Ethiopian National Committee to Combat Human Trafficking.

Figure 13, Structure of the Ethiopian National Committee to Combat Trafficking

Moreover, currently auxiliary sub-committees are establishing in the Regional, Woreda, City

administration and Kebelle levels to fight trafficking in persons in more extended way.

Additionally, the Committees are also working to show the people the lawful ways to travel

abroad, when it becomes necessary. In line with this, MoLSA is now giving training of trainers

to representatives from the Regional, Woreda and Kebelle level sub-committees.158

However, at the grass-root level, the distance the government goes to practically suppress the

trafficking in women pattern stretched from Ethiopia to Sudan through Metema route is

insufficient.159 After all, there is no sufficient budget allocated to the Immigration and Police

Offices in Metema area for the purpose of combating trafficking in women and to provide the

necessary treatments to the trafficked women returnees.160 Most of the time, the trafficking

158 An interview of Dr. Zerihun Kebede, Deputy Minister of MoLSA conducted with Fana Broadcasting Corporate (FBC) Teguazh Nekash program, January 02, 2013 in the morning 9:22 am at FBC Studio.159 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city; and FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city.160 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city; and anonymous interview conducted with

62

MoLSA Deputy Minister

Deputy Ministers

MoE Deputy Minister

MoJ Depty

Minister

MoWCYA Deputy Minister

MoH Deputy Minister

MoFA Deputy Minister

General Directors

Federal Police Geneal

Director

ERTA General Director

Association Presidents

Employers Federation President

Workers Associations Confederation President

women victims have not returned or deported to Ethiopia with good health and enough money at

hand. Hence, they may urgently need some medical treatments, food and shelter to sustain

breathing as well as transportation to reach to their home or families safely.161 However, in

Metema, these all facilities are not yet fulfilling. For instance, there is no single asylum center

providing food, shelter and at least first aid health services to trafficked women returnees in

Metema. In addition, there are no NGOs involved in assisting and rehabilitating the trafficked

women returnees in the area. Thus, many trafficked women are suffering a lot and dying out of

lack of such services.162

On other hand, the prosecution process of the accused brokers and trafficking offenders is

discouraging. The accused brokers are not usually get the appropriate punishment for their

offences. Most of the cases are not concluded with a court decision at all. The number of cases

closed without final court verdict is exceeding than the cases concluded with a final court

decision.163 This is sometimes related with bribery, but mostly because of lack of evidences and

vanishing of the accused brokers in lawsuit after they are released on bail.164 Even for the cases

that get a court verdict at last, the court proceeding is so overdue. It may take one up to three

months to conclude a given trafficking case with final court judgment of the Amhara Regional

State High Court.165 Actually, trafficking in women is an issue fall under the subject-matter

jurisdiction of Federal Courts. The Federal Courts Proclamation clearly stipulates that Federal

Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.161 FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city.162 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city; anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city; and FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city. Accordingly, because of having insufficient budget, the Metema Woreda Immigration, and Police Offices in the area are not doing something valuable besides just registering and dispersing the women returnees to the Metema streets. While the lucky ones get a way to get home, many of them were engaged in unsafe businesses like prostitution and exposed to re-trafficking again and over again. 163 Anonymous interview conducted with Northern Gondar Zone Justice Office, Criminal Bunch Coordinator, January 07, 2013 in the morning 10:10am at Gondar city; and FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city.164 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city. The Metema woreda Police Office, Human Trafficking Awareness Raising team leader said “the court officials did not took the cases in time and the accused brokers are usually released and come back immediately after they transferred to the Regional Higher Court. The brokers did not get appropriate remedies for their offences. This is totally paralyzing us to not hunt the brokers again.”

63

Courts shall have jurisdiction over “cases arising under the Constitution, Federal Laws and

International Treaties”.166 Nevertheless, since Ethiopian has dual judicial system, Regional State

High Courts have the power to prosecute trafficking cases, since they have exercised the power

of Federal First Instance Court by delegation.

Additionally unwillingness of the community around to disclose the brokers is mentioned as a

further difficulty in combating trafficking in women from Ethiopia to Sudan through Metema

route intricate. This is mainly because of two reasons. Firstly, it is because of lack of awareness

regarding the seriousness of the problem167 and secondly for having some interests or benefits

attached with the trafficking network.168 Hence, for the government and other concerned

stakeholders, weighty task is left behind in respect of raising the consciousness of the community

towards the possibilities of changing one’s own life here in Ethiopia with no need to illegally

cross the borders of neighboring or foreign countries.169

Generally, the study identifies various weaknesses relating to the responses (counter trafficking

measures) of the concerned stakeholders, in which complicating more the problem of the

trafficking in women pattern in Metema area. These includes the lack of coordination among the

concerned stakeholders, lack of commitment to resolve the problem by means of conducting

extensive assessment and studies, ineffectiveness of the controlling mechanisms and legal

remedies towards the broker, the gap created in stopping the brokers from deeply seated to the

level of the grass-root community, loose-fitting border and immigration control, lack of effective

awareness raising activities to change the perception of the community towards trafficking in

women, benefit based attachment of many parts of the community and peoples in different

165 Anonymous interview conducted with Northern Gondar Zone Justice Office, Criminal Bunch Coordinator, January 07, 2013 in the morning 10:10am at Gondar city.166 Federal Courts Proclamation 25/1996, Article 3. Article 4 further proclaims that Federal Courts shall have jurisdiction over (1) “offences against the Constitutional order or against the internal security of the state”; (2) “offences against foreign states”; (3) “offences against the law of nations”; (11) “offences under the jurisdiction of courts of different Regions or under the jurisdiction of both the Federal and Regional Courts as well as concurrent offences”; and (12) “offences committed by officials and employees of the Federal Government in connection with their official responsibilities or duties”.167 An interview of Tiliksew Yitayal, Director of Amhara Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV), April 22, 2013 in the afternoon 1:12 pm at ATV Studio.168 Ibidem.169 Anonymous interview conducted with a judge in Northern Gondar Higher Court, January 6, 2012 in the morning 9:20am at Gondar city.

64

government hierarchies with the brokers and unable to show the young population the domestic

job opportunities available in Ethiopia.170

170 FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city. Nevertheless, this is not to denote that the government is doing nothing to carry his duty to protect the trafficked women victims from such violent situations and to provide and fulfill the necessary services help the trafficked women victim recover from their wounds. However, it is fair to conclude that the measures of the government taken to combat trafficking in women from Ethiopia to Sudan through Metema route are neither practically serving their purposes nor effectively reach to the actual sufferers of the problem (the trafficked women victims).

65

CHAPTER FOUR: CONCLUSION AND RECOMMENDATIONS

4.1. Conclusion

The research has shown that, Sudan is a new destination country for many of Ethiopian women

trafficked through the Metema route. These women are primarily pushed by poverty and related

factors include unemployment and illiteracy. Besides, they are further pulled by the stories of

attractive job opportunities and salaries for domestic house workers in Sudan, pertaining to the

swindle information of the brokers and persons work in collaboration with the brokers. Hence,

the trafficking women victims have trapped into the traffickers’ network mostly through their

relatives, friends and brokers attached each other with benefits. Besides, the trends of impunity

resulted from the ineffectiveness of the judicial system are also contributing more to the

extension of trafficking in women patterns in Metema route.

Once getting to the trafficking rout the women had experienced countless human rights

violations throughout the passage and in destination. Most of the trafficking women victims have

travelled on foot for many days to cross the desert in between. They did not have adequate food

and water to sustain their life. Hence, in the passageway, many women have died out of hunger,

fatigue and thirst. Therefore, their fundamental right to life was violated. Besides, the women

have also exposed to further threats include rape, robe and torture from the side of the brokers,

security officials, rebel groups and unknown people in the deserts. In some extreme cases, there

were women faced gang raping; raped by two and three men at once, which is totally unbearable.

Therefore, many forms of crimes against humanity, torture and violence against women have

been arbitrarily committed against the trafficking women victims.

Moreover, in destination, the employers took the position of the brokers and rebels, but the

women sustained experiencing comparable abuses. Most of the trafficking women have seized in

debt for three up to seven months until they end paying for the transportation arrangement to the

brokers. Most of the trafficking women have not signed any employment contract with their

employers. Instead, the brokers made an agreement with the employers by representing the

trafficked women workers to collect the debts from their salaries. This exposed the trafficking

women victims to exploitation and situations comparable to servitude. In addition, after engaging

in to domestic work through the brokers, the trafficking women victims have been restricted to

66

move outside the workplace, which violates their right to freedom of movement. Above all, they

have experienced physical and psychological abuses which gravely threatened their very

existence.

After this all, the trafficking women victims have also faced parallel intimidations from the

Sudanese prison guards, at the time they have been captured and sentenced to hold in prison until

they have been deported to Ethiopia. The prison treatments were not up to (even near to) the

Minimum Standards of Prison Treatment. At least, the minimum requirements including

sufficient food, bedding, and shelter and health care were not fulfilled. Consequently, there were

women became sick and died out of the coldness of the floor they were sleeping on, as well as

hunger and thirsty. This denies their right to health, right to food and freedom from hunger and

primarily their right to life. Besides, the prison guards have repeatedly raped and sexually

exploited the Ethiopian trafficked women prisoners. In the CEDAW, Rome Statute of the

International Criminal Court, Nuremberg Charter and Protocol to the African Charter on Human

and Peoples’ Rights on the Rights of Women in Africa rape and sexual exploitation are

proclaimed as forms of violence against women and crimes against humanity. In addition, the

trafficked women prisoners have forced to serve the prison guards by means of cleaning their

toilets, rooms and the prison compound with no caring materials. This was another source of risk

to their health and life in the prison compound.

At this point, the efforts made by the Ethiopian Embassy in Sudan to end the misery of the

Ethiopian trafficked women in prison were of no consequence, at least for the women on the

study. In general, the deportation process of Ethiopian trafficking women victims was

unacceptable. The Sudan Police and Immigration Officials met the women at different levels

have not treated the trafficking women victims with due respect. Furthermore, the trafficking

women victims have not allowed to collect and brought their money and possessions when they

have been deported to Ethiopia except the cloths they have dressed on. Thus, at last, after passing

through this all and serving for months and years in Sudan, most of them have returned home

with having nothing to change their life, and sometimes even no single Birr to transport back to

their homes. Instead, most of them have returned with physical and psychological wounds and

regret.

67

Generally, the trafficking women victims have been experienced various human rights violations

starting from the moment they have joined the trafficking network until the time they have been

deported or returned home. Therefore, trafficking in women should be viewed as first and

foremost a violation of women’s human rights. First of all, trafficking in women by itself is

grave human rights violation and besides many rights of the trafficking women victims have

been violated in the trafficking process. This includes their right to life, right to health, right to

food, freedom from hunger, right to freedom of movement, and the right to healthy work

environment, right to freedom from torture, right to freedom from cruel inhuman or degrading

treatment or punishment and right to freedom from violence against women.

In fact, the government is taking different measures to fight trafficking in persons and women on

a national scale. For that reason, a National Committee to Combat Human Trafficking is recently

established at the Federal level. Besides, further sub-branches are also established at Regional

and Woreda levels. However, pertaining to the situations of trafficking women from Ethiopia to

Sudan, it seems fair to conclude that the responses from the government and non-governmental

stakeholders are not sufficient enough to sensibly suppress the existing trafficking in women

patterns through the Metema route. Consequently, trafficking in women is still intimidating the

life of many Ethiopian women.

To end with, the ineffectiveness in security, immigration and legal controlling mechanisms is

contributing more to the widening of trafficking in women patterns from Ethiopia to Sudan

through the Metema route. Firstly, the prosecution process of trafficking cases is abortive and

overdue. Thus, most trafficking cases are ceased in relation with bribery, lack of evidences and

disappearance of the accused persons in the middle of the court proceedings after they released

in bail. Secondly, the security and immigration controlling mechanisms are easily breakable.

Many of the trafficking women victims are regularly transported to Sudan on foot through the

deserts and sometimes by using temporary tourist visas through bus transport in the name of

vacation.

68

4.2. Recommendations

Following the above conclusion, the researcher has forwarded the following major

recommendations to the concerned bodies, to see end the human rights violations have been

committed against trafficking women from Ethiopia to Sudan:

Awareness Creation: The findings of the study indicated that the awareness level of the

community towards trafficking in persons and women crimes is at infant stage. Therefore, an

extensive awareness creation works has to be made by the government into the local

community level. Hence, continuous panel discussions, conferences, meeting and campaigns

targeted on the community around Metema, traffickers/brokers, Shekabas and trafficking

women victims and returnees should be arranged by the EHRC. Additionally, the EHRC

should also broadcast trafficking in persons and women awareness raising programs using all

the available private and public (printing, radio and television) presses in a regular basis.

Capacity Building: The Ethiopian Human Rights Commission (EHRC) should offer

Systemized and continuous capacity building trainings to government officials closely work

with trafficking in persons and women cases (includes the Police, Immigration, Labour and

Social Affairs and Court Officials) in Metema area, to equip them with improved

understanding of the trafficking in persons and women situations and effective service

delivering systems to the trafficking women victims and accused persons.

Creating More Job Opportunities: The study shows that the major reasons initiate the

women on the study to attach themselves with the trafficking networks are poverty and

unemployment. Thus, the government should firstly create more job opportunities to the

young population. Furthermore, using all available means and media outlets, the government

should show the young population the available domestic work opportunities and

possibilities of changing one’s own life in the country. In this regard, the private and public

press should also work in partnership with the government in advertising the available and

potential domestic job opportunities and encourage the young generation to improve their

work habits and entrepreneurship skills.

69

Diplomatic Efforts: The study shows that Ethiopian trafficked women workers and

prisoners are mistreated and abused in Sudan by employers, brokers, Immigration Officials

and Prison Guards. Thus, the government should make extensive diplomatic efforts to

improve the situations and treatment of Ethiopian trafficked women workers in Sudan.

Additionally the researcher recommends if the government signed bilateral agreement with

the Sudan government on the manner the trafficking women deported and treated in Sudan

prisons.

Effective Use of the Criminal Justice System: The findings of the study show that the

brokers and trafficking offenders are not getting effective and appropriate legal remedies to

their offences. Thus, the justice mechanisms should be more tightened. Hence, all individuals

involved in the process of selling people to make some benefits should be stopped from their

actions and get appropriate lawful punishments. This can be achieved by making the judicial

system more accessible and transparent in giving effective local remedies to trafficking in

persons and women cases. Hence, the Amhara Regional State Higher Court should set a

mechanism to give effective remedies to the persons accused with trafficking offenders.

Harmonization of National Laws to International Standards: The study found that the

place of ratified international human rights conventions in Ethiopian law is indistinct.

Therefore, the government should harmonize the national laws with the relevant international

trafficking in persons instruments. Hence, firstly, more effort is needed on domesticating the

ratified international human rights treaties in the way that they can be effectively apply and

enforced into national trafficking in women cases.

Networking and Collaboration: The study indicates that substantial effort is needed from

the side of the government on networking all concerned stakeholders. Hence, all concerned

governmental, non-governmental and civil society stakeholders should work hand in hand to

end up any of the human right violations committed against the trafficking women victims in

each moment. Most importantly, the concerned governmental organs (include the Police,

Immigration Office, Judicial Organs and Administration Bureaus) should work in

collaboration to cut off the trafficking networks stretched throughout the community to the

grass-root level by tightening the security networks and conducting extensive awareness

raising works to the entire community.

70

Rehabilitation: The findings of the study revealed that there is no any rehabilitation or

asylum center in Metema area provides temporary food, shelter, health care and

transportation services to trafficked women returnees. Thus, the government should arrange a

way the trafficked women returnees get some basic facilities at the time they deported and

returned back to Ethiopia. This can be achieved by means of establishing asylum or

rehabilitation centers in border towns where such women have used to return back; like

Metema. Alternatively, the government can also allocate some budget to the organs closely

working with the trafficked women returnees (like the Police, Municipality, Labour and

Social Affairs and Immigration Offices) to enable them provide temporary food, water,

shelter, transportation and first aid health services to the women in need.

Research: The study reveals that there is lack of up-to-date data on the current status of

trafficking in persons and women pattern from Ethiopia to Sudan. Thus, extensive studies

and assessments should be conducted on a regular basis in order to develop wide-range

understanding of the problem. Research and continuous assessments are also very imperative

in indicating the potential solutions to the trafficking in women problem in Metema area.

Secondly, the Criminal Code of Ethiopia (CCFDRE) should incorporate clear legal definition

of trafficking in persons and trafficking in women. In addition, the difference between

trafficking in persons, human smuggling and irregular migration should be clearly described.

Thus, articles 597 and 635 of the CCFDRE should be revised once more in the way tones

with the international trafficking standards; particularly the Palermo Protocol, and cup up

with contemporary trafficking crimes. Trafficking in persons for all purposed should be

criminalized and treated in more clear and comprehensive manner.

Thirdly, the Palermo Protocol should be translated into the national and regional official

languages in order to make it easily understandable to the court, police, labour and social

affairs and immigration officials closely work with trafficking in persons and women cases.

Besides, it should be accessible to each and every of these concerned government officials in

the local level.

71

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List of Cases

Communication from the Commission to the Council and the European Parliament on a

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exploitation, COM (96) 0567 (Eropean Union 1996).

List of Interviewees

Respondents

Case, 1. (2012, December 22). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 2. (2012, December 24). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 3. (2012, December 25). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 4. (2013, January 2). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 5. (2013, January 2). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 6. (2013, January 6). Trafficked Women Returnee. (G. Shewit, Interviewer)

Case, 7. (2013, January 6). Trafficked Women Returnee. (G. Shewit, Interviewer)

Informants

Anonymous. (2012, December 22). Metema Woreda Police Office, Human Trafficking

Awarness Raising Team Leader. (G. Shewit, Interviewer)

Anonymous. (2013, January 06). Northern Gondar Higher Court, Criminal Trial Judge. (G.

Shewit, Interviewer)

Anonymous. (2013, January 07). Northern Gondar Justice Bureau, Criminal Bunch Coordinator.

(G. Shewit, Interviewer)

Anonymous. (2012, December 24). Metema Immigration Office, Director. (G. Shewit,

Interviewer)

National Laws

Constitution of Federal Democratic Republic of Ethiopia, (1994)

Criminal Code of the Federal Democratic Republic of Ethiopia, (2005)

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Employment Exchange Services Proclamation, (2009)

International Instruments

Instruments applicable and relevant to trafficking in women include:

African (Banju) Charter on Human and Peoples' Rights (1986)

African Union Ouagadougou Action Plan to Combat Trafficking in Human Beings,

Especially Women and Children (2006)

Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on

Women (1995)

Convention concerning Forced or Compulsory Labour (International Labour Organization

Convention No. 29) (1930)

Convention concerning the Abolition of Forced Labour (International Labour Organization

Convention No. 105) (1957)

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the

Prostitution of Others (1949)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Convention on the Rights of the Child (1989)

Declaration on the Elimination of Violence against Women (1993)

International Convention for the Suppression of the Traffic in Women of Full Age (1933)

International Convention for the Suppression of the Traffic in Women and Children (1921)

International Convention on the Protection of All Migrant Workers and Members of Their

Families (1990)

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United

Nations Convention against Transnational Organized Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and

Children, supplementing the United Nations Convention against Transnational Organized

Crime (2000)

Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in

Africa (2003)

Recommended Principles and Guidelines on Human Rights and Human Trafficking of the

Office of the United Nations High Commissioner for Human Rights (2002)

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Rome Statute of the International Criminal Court (1998)

Slavery Convention (1926)

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and

Practices Similar to Slavery (1956)

Universal Declaration of Human Rights (1948)

Vienna Declaration and Programme of Action, adopted by the World Conference on Human

Rights (1993)

Websites

Global Alliance against Trafficking in Women (GAATW)

http://www.gaatw.org

International Organization for Migration (IOM)

http://www.iom.int

UN Office for Drug Control and Crime Prevention http://www.odccp.org

United Nations Global Initiative to Fight Human Trafficking (UN.GIFT)

http://www.ungift.org

US State Department Trafficking In Persons Program

http://www.state.gov/g/tip

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APPENDICES

Appendix A: Interview Guide

The questions were unstructured for interviews conducted with trafficked women returnees and

semi-structured for the officials from different stakeholders.

Interview guide for the interviews conducted with trafficked women returnees

Introduction

The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan

through the Metema route. Moreover, it examines the manner how trafficking women are treated

during the voyage, the circumstances make women particularly vulnerable to potential human

rights abuses in the trafficking process, the accustomed techniques and trends apply by

traffickers in their operations to move the trafficking victims from one place to another and

finally the strengths and weaknesses in the current responses of stakeholders to suppress the

pattern of trafficking in women in Metema area.

I want to thank you for your cooperation in answering the following questions.

Name (optional): _____________________________

Date of Birth: ________________ Age: _____________

Sex: Men ____/Women_____ Educational Level: _____________________

Address: ___________________________________________________

Marital Status: Married___/Single___/Separated___/Widowed___/Other___

1. Where did you live before you make the voyage from Ethiopia to Sudan?

2. What is the reason initiated you to exit from Ethiopia to Sudan? Who did initially tell you the

information about the situation in Sudan and how? What did you exactly told about the

situation in Sudan?

3. Tell me about the transportation way and type you used to travel starting from your home to

Sudan? And the condition of the brokers you met?

79

4. How do you express the treatment of the brokers in the voyage towards the women

passengers? Did you observe any special treatments or abuses the brokers lay upon the

women travelers? Please tell me if there was any abuse committed against you or other

women travelers in the passageway?

5. What seems the situation you faced at arrival in Sudan? Was it matching with what you heard

before about it? Where did you go after arrived in Sudan? Who and how did receipt you at

the time?

Interview guide for the interviews conducted with officials from selected governmental

institutions nearly work with the problem

Introduction

The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan

through the Metema route. Moreover, it examines the manner how trafficking women are treated

during the voyage, the circumstances make women particularly vulnerable to potential human

rights abuses in the trafficking process, the accustomed techniques and trends apply by

traffickers in their operations to move the trafficking victims from one place to another and

finally the strengths and weaknesses in the current responses of stakeholders to suppress the

pattern of trafficking in women in Metema area.

I want to thank you for your cooperation in answering the following questions.

Name (optional): _____________________________

Age: _____________ Sex: _____________

Name of the Institution: __________________________________

Educational level: ___________________________

1. What is your position in the institution?

2. What kind of services does your institution provide to the community around? And who are

the main beneficiaries of the services provided by the institution?

3. Is there any particular program or service provided by the institution targeting on trafficking

in women or trafficking women victims?

80

4. How do you explain the seriousness of the problem of trafficking in women route stretched

from Ethiopia to Sudan via Metema route?

5. What do you recommend to suppress the trafficking in women from Ethiopia to Sudan and

the human rights violations committed against the trafficking women victims in the process?

Appendix B: FGD Guide

FGD guide for the discussion conducted with officials from concerned governmental

stakeholders

Introduction

The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan

through the Metema route. Moreover, it examines the manner how trafficked women are treated

during the voyage, the circumstances make women particularly vulnerable to potential human

rights abuses in the trafficking process, the accustomed techniques and trends apply by

traffickers in their operations to move the trafficking victims from one place to another and

finally the strengths and weaknesses in the current responses of stakeholders to suppress the

pattern of trafficking in women in Metema area.

I want to thank all of you for your participation in the discussion.

1. How do you describe the magnitude of trafficking in women pattern in Metema area?

2. How far the preventive measures taken by the government and other non-governmental

organizations to combat trafficking in women from Ethiopia to Sudan through Metema are

effective?

3. What measures are taken by the government and non-governmental partners to provide some

help to the trafficked women returnees at the time they have deported or returned back to

Ethiopia through Metema?

4. What seems the collaboration and networking among all governmental and non-

governmental stakeholders work to alleviate the trafficking in women pattern in Metema

area?

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Appendix C: List of Figures

Figure 1, the Trafficking Triangle.................................................................................................20

Figure 2, Top Countries of Origin for Victims of Trafficking in 2011.........................................23

Figure 3, Major Destinations for Trafficking Women Victims in Region....................................24

Figure 4, Top 10 Countries of Destination for Victims of trafficking Worldwide in 2011..........25

Figure 5, Forms of Exploitation faced by Trafficking Women at Destination in the year 2007...26

Figure 6, the Relationship between Origin, Transit & Destination Countries in East Africa.......27

Figure 7, Trafficking Women Respondents by Age......................................................................38

Figure 8, Trafficking Women Respondents by Marital Status......................................................39

Figure 9, Trafficking Women Respondents by Residence............................................................40

Figure 10, Cases of Captured Trafficking Persons Reported to Metema Woreda Police Office in

the Year 2011/12 (from November to April).................................................................................47

Figure 11, Ethiopian Trafficked Women Returned and Deported from Sudan through Metema in

the beginning of the year 2012/13.................................................................................................63

Figure 12, Trafficking Women Captured by Security Forces in Metema area.............................63

Figure 13, Structure of the Ethiopian National Committee to Combat Trafficking......................64

Appendix D: List of Tables

Table 1, Human Trafficking Record of East African Countries....................................................28

Table 2, General Background Information of Trafficking Women Respondents.........................37

Table 3, General Background Information of Respondents from Concerned Stakeholders.........38

Table 4, General Information of FGD Participants.......................................................................40

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Appendix E: Map of Trafficking in Women Routs Sourced from Ethiopia

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Desert route

Air transport

Appendix F: 2011 Trafficking in Persons Report Tier Placement of African Nations

Trafficking in Persons Report Tier Placements (US Department of State 2011 TIP Report)Country Location 2010 2011 2012

Algeria Northeast Africa 2w 3 3Angola Central Africa 2 2w 2wBenin West Africa 2 2 2Botswana Southern Africa 2 2 2Burkina Faso Western Africa 2 2 2Burundi Eastern Africa 2 2w 2wCameroon Western Africa 2w 2w 2Central African Republic Central Africa 2w 3 3Chad Central Africa 2w 2w 2wCongo Central Africa 3 3 3Côte d'Ivoire West Africa 2w - 2Djibouti Horn of Africa 2 2 2wEgypt North Africa 2 2 2Eritrea Horn of Africa 3 3 3Ethiopia Horn of Africa 2 2 2Gabon Central Africa 2w 2 2Gambia West Africa 2 2w 2wGhana West Africa 2 2 2Guinea West Africa 2w 2w 2Guinea-Bissau West Africa 2w 3 2wKenya East Africa 2 2 2wLesotho Southern Africa 2w 2 2Libya Northern Africa 2w 3 3Mali Western Africa 2w 2w 2Mauritania West Africa 3 3 2wMorocco North Africa 2 2 2Namibia Southern Africa 2 2 2wNiger Western Africa 2w 2w 2wNigeria Western Africa 1 1 2Rwanda Eastern Africa 2 2 2Senegal Western Africa 2w 2 2wSierra Leone West Africa 2 2 2South Africa Southern Africa 2 2 2South Sudan East Africa - - 2wSudan North Africa 3 3 -Swaziland Southern Africa 2w 2 2

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Tanzania East Africa 2w 2w 2Togo West Africa 2 2 2Tunisia Northern Africa 2w 2w 2Uganda East Africa 2 2 2Zambia Southern Africa 2 2 2Zimbabwe Southern Africa 2w 2w 3

Table Key:

TIER 1: Countries whose governments fully comply with the Trafficking Victims Protection

Act’s (TVPA) minimum standards.

TIER 2: Countries whose governments do not fully comply with the TVPA’s minimum

standards, but are making significant efforts to bring themselves into compliance with those

standards.

TIER 2 WATCH LIST: Countries whose governments do not fully comply with the TVPA’s

minimum standards, but are making significant efforts to bring themselves into compliance

with those standards

TIER 3: Countries whose governments do not fully comply with the minimum standards and

are not making significant efforts to do so.

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