2.2 Psychological Entrapment
Many victims believe that they are paying off a “debt” to
their trafficker (“debt bondage”). Traffickers’ imposition of
a debt bond falls into the “means” part of the trafficking
definition which includes coercion and deception/practicing deceit.16 Even if there is a set payment schedule that has
been agreed to and repaid by the victim, the imposition of
such debt is illegal.
In some cases victims have never agreed to the repayment
of any debt prior to their arrival in the destination country
and then have a debt suddenly and unexpectedly imposed
upon them. In other cases the victim has some understanding of a debt that is owed, but they have not agreed to the
amount that they are eventually expected to pay. They may
not have been told of the nature of the work that they are required to do in order to re-pay the debt; or they understand
the nature of the work, but not the exploitative working
conditions they will have to endure.
Debt bondage may result in people being forced to work
in unsafe environments, enduring long hours of work on a
daily basis without appropriate breaks, provisions or access
to essential facilities17 and/or having their travel documents
retained. They may not be paid at all, or are paid wages
which fall below the national minimum wage. People held
in debt bondage may also endure physical and/or psychological violence.18
Some victims report having extra conditions suddenly imposed upon an existing debt without warning or agreement.
For example, a person who believes they will owe a debt for
the arrangement of their travel to a destination country may
then be taken on a circuitous route through other countries
and find that they are charged for this diversion because of
the “additional effort” that was required to enable them to
enter the country.
2.2.1 The Concept of Debt Bondage
United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime,
“recruitment, transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of abduction,
of fraud, of deception, of the abuse of power or of a position of vulnerability
or of the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labour or services, slavery
or practices similar to slavery, servitude or the removal of organs”
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Prevalence
and Risk of Violence and the Physical, Mental, and Sexual Health Problems
Associated with Human Trafficking: Systematic Review,
“repeated acts which could be constituted by words or other machinations, to degrade one’s quality of life and cause a change to one’s mental or
physical state”.
“Any incident or pattern of incidents of controlling,
coercive or threatening behaviour, violence or abuse between those aged 16
or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, the
following types of abuse: psychological, physical, sexual, financial, emotional.
“Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the
means needed for independence, resistance and escape and regulating their
everyday behaviour” and “Coercive behaviour is: an act or a pattern of acts
of assault, threats, humiliation and intimidation or other abuse that is used to
harm, punish, or frighten their victim”.
54
The debt that victims owe may also be prolonged and expanded with “interest” because of “deductions” for food,
rent, clothes, work tools and, in sexual exploitation cases,
self-maintenance and beauty treatments. Deductions or
fines may be made by traffickers for “unsatisfactory work”
according to their whim19. In many cases victims have no
way of finding out the figure that they owe, and they are
therefore held in indefinite debt bondage, which has a devastating impact on their psychological health.
People who have been trafficked may firmly believe that
they must pay for the efforts of traffickers in taking them to
the destination country and/or providing them with work.
The debt may also accord with their cultural and community values. In some cultures, any default on a debt is
a stain on the honour of an entire family and victims may
fear attacks or reprisals against themselves or their family
members. Some people cling to the belief that once their
debt is paid off they will be able to earn money for themselves. This belief can endure even after they have worked
for a long period in exploitation without this prospect ever
materializing.
The concept of debt bondage can be strong enough to enTrafficking of men – a
trend less considered: The case of Belarus and Ukraine,
“In addition to not receiving a
salary, many victims were subjected to fines for what was deemed substandard work or ‘misbehaviour’. This mechanism prevented men from receiving
money owed to them and maintained their debt, obligating them to work for
longer periods of time. Workers were regularly subjected to fines for missed
days of work, alleged low productivity or substandard work.”;
Never Work Alone: Trade Unions and
NGOs joining forces to combat forced labour and trafficking in Europe
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