A network as means to tackle human trafficking

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A NETWORK AS MEANS

TO TACKLE

HUMAN TRAFFICKING

Master thesis Crisis and Security Management

Tessa Rodrigues

Student number: S17446332 Course: Master thesis CSM 2017-2018 Master: Crisis and Security Management February 2016 University Leiden Date: 13th March 2018 Supervisor: T.J.M. Dekkers Second reader: P.G.M. Aarten

Word count: 20,896

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A network as means to tackle human trafficking

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BSTRACT

This final thesis concerns the research on the contribution of a network concerned with tackling human trafficking between Brazil and the Netherlands. Human trafficking is a complex transnational issue, which cannot be solved by a single actor. The main question in this research is to what extent a governance network exists and how it contributes to tackling human trafficking. A governance network implies the cooperation of actors from different fields and expertise. A multidisciplinary model, which complements the governance network theory, is applied in practice in order to identify whether such a network exists in the cases of Brazil, the Netherlands and transnationally. Furthermore, an analysis is given on the extent to which such governance network could improve pitfalls within the process of tackling. In conclusion, both countries have a certain network on tackling human trafficking, which both positively contribute to countering human trafficking. However, there is no such framework such as a transnational network including both countries in order to prevent trafficking between the Brazil and the Netherlands. Furthermore, a network positively contributes to the tackling of human trafficking as it matches with the successes and is a solution to the pitfalls of the combat against human trafficking

Keywords: human trafficking, governance network theory, cooperation, Brazil, the Netherlands

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CKNOWLEDGEMENTS

During my internship at the Dutch Consulate-General in Rio de Janeiro last summer, I started to see the beauty of Brazil. However, behind this beauty, I also noticed a lot of poverty, which influences the high levels of human trafficking in the country. Furthermore, I was surprised to discover that in a wealthy country like the Netherlands, human trafficking does take place on a huge scale. Upon finishing my internship, I decided that this is the topic on which I want to focus my thesis on.

While writing my thesis I learned that it takes effort to compare two different countries, with a divergent language, economy, climate, culture and distance. I spent many hours conducting skype sessions with professionals from Brazil, taking place in Portuguese, which made it harder to analyze. That is why I appreciate all the help I received during this process, especially from my supervisor. I am also thankful to all the dedicated professionals in Brazil and the Netherlands, who helped make it possible to ascertain a clear view of the human trafficking situation in both countries. It showed me that there are still many gaps to explore and opportunities for improvements. I was surprised to be able to talk to all these people who really want to make a difference. They inspired me to contribute to this controversial but important topic and find a job which deals with human trafficking. This topic has really touched my heart.

The Hague, 13th March 2018 Tessa Rodrigues

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IST OF FIGURE AND TABLES

Figure 1: Topic funnel ... 20

Table 1: Operationalizing governance network theory ... 24

Table 2: Framework of Dutch actors on tackling human trafficking ... 31

Table 3: Framework of Brazilian actors on tackling human trafficking ... 36

Table 4: Links of actors with the different steps of the multi-disciplinary model ... 59

Table 5: Points on which the multi-disciplinary model could lead to improvements in tackling human trafficking ... 61

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IST OF

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BBREVIATIONS

CCV Centre for Prevention of Criminality and Safety

CETP Committee on Tackling of Human Trafficking

COETRAE Committee of state level to Stop Forced Labour

DPU Defensoria Publica de União

DHPP Department of Homicides and Protection of Perons(Civil Police) EMM Expertisecentre on Human Smuggling and Human Trafficking

ILO International Labour Organization

IND Immigration and Naturalization Service

ISZW Inspection of Social Affairs and Employment

KMar Royal Marechaussee

KvK Chamber of Commerce

LIEC National Information and Expertise Centre

NETP Núcleo on Tackling of Human Trafficking

PA Advanced Post (Posto Avançado

)

RIEC Regional Information and Expertise Centre

UN United Nations

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C

HAPTER

1:

I

NTRODUCTION

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HUMAN TRAFFICKING

:

A

COMPLEX

,

TRANSNATIONAL PROBLEM

By signing the United Nations (UN) Convention against Transnational Organized Crime, several states demonstrated, for the first time, serious political concern towards the growing problem of human trafficking; which represents organized crime on a transnational scale. Every continent, every country and every community are either directly or indirectly affected by human trafficking (Kofi Annan, 2004). It breaches the rule of law, human values and human rights. Nowadays, an estimated 24,9 million people fall victim to the phenomenon of human trafficking (ILO, 2017). Many issues become global issues; beyond borders, affecting many countries and actors spread across the world. Such issues, which are confronting humanity, require a global response (Weiss & Daws, 2007, p. 4; Held & McGrew, 2012)

1.1 D

EFINITION

The UN Convention against Transnational Organized Crime (UNODC, 2000) gives a structured definition of human trafficking, also called trafficking of people, which can be divided into three important elements:

a) The act: “the recruitment, transportation, transfer, harbouring or receipt of

people…”

b) The means: “…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…”

c) The purpose: “…for the purpose of exploitation”.

The Dutch “Nationaal Rapporteur Mensenhandel”1 divides human trafficking in four different categories: sexual exploitation, forced labour, criminal exploitation and forced organ

removal. The most common form of human trafficking (at least in terms of what is known) is

trafficking in the sex industry in the form of sexual exploitation. Human traffickers profit from vulnerable sectors, such as the sex industry, in which they will be hard to catch and where lots of money can be earned (Nationaal Rapporteur , 2016). However, it is important to

1_{The Dutch National Reporter on Human Trafficking is a person (recently appointed a new person: Herman}

Bolhaar), assisted by a staff office, who reports independently on the situation and recent developments of human trafficking in the Netherlands to the Dutch government.

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keep in mind that prostitution does not necessarily constitute to being human trafficking. In this thesis, human trafficking between Brazil and the Netherlands will be examined. Prostitution is legal in The Netherlands, and to a certain extent in Brazil. Furthermore, illegal prostitution does not necessarily have to be related to human trafficking, even though it is punishable. It only becomes a form of human trafficking when the person is working involuntary, or when coercion is involved (Nationaal Rapporteur , 2016, p. 16).

Another common form of human trafficking is forced labour, which is involuntary labour outside the sex industry. It can range from exploitation within various sectors, such as the agricultural, catering or cleaning sectors, to within households, for example au-pairs. In Brazil, this type of human trafficking is called, trabalho escravo, which means slave labour. However, it also means the same as the Dutch description of forced labour, namely coercive forms of labour exploitation and extreme sub-standard living and working conditions (Kotiswaran, 2017). In Brazil, forced labour is one of the major forms of human trafficking, with nearly 3,000 reported victims of forced or slave labour per year (UNODC, 2016, p. 97).

A third form of human trafficking is criminal exploitation; this form of human trafficking involves the coercion of people to commit criminal offenses or exploitation in criminal offenses. Types of criminal exploitation include coercion to commit robbery, drug smuggling, and the coercion of paying benefits in a fraudulent way. This was already seen as a criminal offense, but can now also be considered a human trafficking offence in the Netherlands (art. 273f Sr.). In Brazil, this form is also seen as a form of human trafficking.

Lastly, forced organ removal is a form of human trafficking which is not necessarily linked to exploitation; it is about the removal of organs. It involves a person being forced, under any circumstances, to relinquish his/her organs. However, this is not a very common form of human trafficking; neither the Netherlands nor Brazil have much experience in dealing with this type of human trafficking (National Rapporteur on Trafficking in Human Beings, 2012).

The scope for human trafficking can range from domestic trafficking to overseas trafficking. Domestic trafficking is a common phenomenon in which people are trafficked into forced labour and sexual exploitation within a country. People move to larger cities to seek better opportunities, where their vulnerabilities are likely to be exposed (Koser & Martin, 2011). Transnational trafficking constitutes the transfer of a person from one country to another

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country, where they shall be exploited. The transnational aspect of human trafficking implies that several countries are involved as a country of origin, transit and/or destination (UNODC, 2006). Moreover, the transnational aspect of human trafficking is often associated with human smuggling, however, there is a clear distinction between both.

Human smuggling means the procurement, for financial or material gain, of illegal entry into a state of which that person is neither a citizen, nor a permanent resident (Interpol, 2017). Smuggling is often a voluntary act; the one being smuggled in most cases gives a consent for being smuggled, whereas consent in human trafficking, if there is any, is often forced. In general, the purpose of smuggling ends, once the person being smuggled has entered the country of destination, whereas the purpose of human trafficking normally starts after this process (Interpol, 2017). The purpose of human trafficking is based on the act of the exploitation of the victim, and not necessarily the act of transportation itself.

1.2 T

RANSNATIONAL

H

UMAN

T

RAFFICKING

Transnational human trafficking is considered as international organized crime (Albanese, 2005). Human trafficking is the third largest criminal industry in the world (Morrissey, 2006). Furthermore, it is one of the fastest growing forms of international crime in the world (Shelley, 2010). For people involved in this type of crime, profits are huge and risks are relatively low (UNODC, 2012). Transnational organized crime differs from international crime in the sense that the latter is particularly a crime against humanity, such as terrorism (Albanese, 2005). Transnational crime is hard to detect, as crime is no longer limited to national borders.

This thesis focuses on the tackling of trafficking of people across borders between Brazil and the Netherlands. Brazil has a long history and a high number of trafficking of people. During the colonial periods, slaves were imported from Africa to Brazil, and indigenous people were forced to work in mines, on plantations or at large agricultural fields, without any salary (Shelley, 2010, p. 271). Furthermore, Brazil is facing many challenges nowadays, ranging from political crisis, corruption, economic disparity and difficulties. Inequalities between poor and rich can explain trafficking internally, and are push-factors for leaving the country to seek for better opportunities (Bales, 2005). The factors described previously present a perfect breeding ground for the emergence of human trafficking; due to vulnerabilities amongst the population, traffickers see many opportunities (UNODC, 2016). Brazil is a country of origin,

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transit and destination; victims of human trafficking originate from Brazil, victims are trafficked through Brazil, and some victims are even brought to Brazil. It is estimated that roughly 50,000 women from Latin America, including Brazil, are trafficked for sexual exploitation to Western countries (Shelley, 2010, p. 285; Ribeiro, 2016). In terms of transnational human trafficking, sexual exploitation is the most common type of trafficking. Many of the men and women that are trafficked harbour hopes of a better life somewhere else; unfortunately, the truth is destructive.

1.3 G

LOBALIZATION AND HUMAN TRAFFICKING

The complexity and internationalization of crime has strong connections with growing flows of people, goods and services, on a daily basis (UNODC, 2010); globalization facilitates transnational crime. The growing number of people crossing borders everyday makes it harder for governments to have full control over the in- and outflow of people. Globalization not only changed the character of crime, but also the approach on tackling crime. Since the nature of transnational human trafficking is multidimensional, a multidisciplinary approach is preferred to treat this complex issue. As a result of a complex set of factors it is hard for a country to tackle the transnational organized problem of human trafficking on its own (Van Impe, 2000). Some important aspects to tackle transnational human trafficking, are reducing the vulnerability of victims, increasing the risks to traffickers and to lower demand for the goods and services of modern-day slaves (Under-Secretary General UN, Antonio Maria Costa, 2009)2.

As globalization is a key factor to the rise of transnational organized crime, we might find a counter approach to such crime in the global environment. As described in the previous paragraph, a multidimensional approach towards tackling human trafficking is highly recommended due to the complexity and far-reaching factors of the issue. With the rise of globalization, the idea of governance on a global level emerged. Global governance entails different actors, from private, institutional, as well as public actors, on local, national and international level. As human trafficking became a global problem, and states are not able to tackle it on their own, it is interesting to examine the actors that are involved in the fight against human trafficking. How is the cooperation and interaction between the actors? Does a

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transnational network exist? Is a global governance network the solution to transnational human trafficking?

As already described, two countries are chosen to find out whether a network would contribute to tackling human trafficking. The origin country is Brazil, which is dealing with vulnerabilities and poverty, which results in the growth of push-factors to seek for better opportunities. The destiny country will be the Netherlands, a country in which prostitution is legalized. To have a clear view on how these countries act upon human trafficking, it is relevant to create a framework and find out which actors are involved, and what each actors’ role is in the cooperation between Brazil and the Netherlands. Such a framework could point out the successes and failures of international cooperation. The following question, “To what extent does a governance network exists, and how does it contribute to the tackling of transnational organized crime, in specific human trafficking from Brazil to the Netherlands?” analyses the way in which human trafficking is tackled on a transnational level, and how a multi-disciplinary network contributes to that. Identifying shortcomings and successes should illustrate how human trafficking is tackled and where improvements could be made.

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C

HAPTER

2:

T

HEORETICAL FRAMEWORK

About a decade ago, research regarding human trafficking was relatively new in the academic world (Weitzer, 2014). However, activities considered to be human trafficking nowadays, date back to the ancient Roman and Greek era, which during that time was called human slavery (Shelley, 2010). In addition, human trafficking in South America can be traced back to the colonial era, in which Africans were transferred to Brazil in order to work as slaves for the Western colonies in South-America (Shelley, 2010, p. 271). During that period, the slave trade was run and sponsored by legitimate state actors. Nowadays, trafficking takes place for a large part between and within transnational, well-organized criminal organizations. As written earlier, recent human trafficking can be associated with slavery back then, and is therefore often seen as modern slavery. In November 2017, CNN published a documentary on a slave market in Libya where people were literally sold as property.

As described in the introduction, the problem of human trafficking is not solely a national problem but also a transnational one. In order to tackle this problem, many national and international laws have been established, but the question remains whether these laws have been effective (Gallagher, 2010; Boister & Currie, 2015). In addition to laws, according to a study of Savona and Stefanizzi, a broad cooperation between organizations, governments and international actors needs to be developed, to effectively tackle the complex problem of human trafficking (Savona & Stefanizzi, 2006). There is no centralized global state which can solve the complex problems which cross borders; there does exists an interaction between different actors, formally and informally, on a regular basis (Pattberg, 2005; Jacobson, 1979). According to Whelan, the wicked problem of human trafficking could be combated with the use of security networks. A security network is “a network in which a set of ‘actors’ have formed ‘relationships’ to advance security-related objectives” (Whelan, 2012, p. 19). Security networks are growing in importance since the rise of globalization, and with the increase of wicked problems (O' Toole, 1997).

2.1 G

LOBAL

G

OVERNANCE

An academic definition on global governance by the Commission on Global Governance is (1995, p. 2):

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common affairs. It is a continuing process through which conflicting or diverse interests may be accommodated and co-operative action taken. It includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements that people and institutions either have agreed to or perceive to be in their interest”.

The nature of governance has changed within the last two decades. Due to key global developments such as the end of the Cold war, economic globalization and the growing awareness for problems becoming transnational, the concept of global governance has emerged as a useful analytical and normative tool for making sense of profound shifts sweeping the international political landscape (Weiss, 2000, p. 796). Scholars also tend to agree that due to the fragmentation of social, and political life, and growing wicked problems, the world is witnessing a “transition from government to governance” (Torfing, 2012). International, non-governmental, private actors and local communities are entering the field (Jönnson & Tallberg, 2010).

Global governance seems, according to O’Toole, a reasonable solution to transnational organized crime, which needs a global multi-disciplinary approach. Different actors with different expertise come together to find the best solution for the complexity of an issue such as human trafficking, which cannot be solved by a single actor (O' Toole, 1997). Global governance is seen as more rational and effective than single state actors (Keohane & Nye, 1974). Effectiveness in governance means to be able to adequately and quickly respond to facing challenges. It implies that the appropriate actions with the best results achievable are chosen to fit the specific need, and the approach of actors differ in terms of effectivity (Malaguti, Bossone, & Cafaro, 2013). Non-state actors and multilateral institutions (e.g. due to wider reach on the international field) could in certain circumstances be more effective, as a result of additional resources and expertise, than national governments (Krahmann, 2005, p. 18). Global governance can be successful due to the fact that it leads to effectiveness; the best actors are selected to get the best result.

However, global governance is also a contested concept and is often being criticized. The main criticism is that global governance can often lead to crisis, due to democratic inefficiency (Broome, Clegg, & Rethel, 2012). This inefficiency is related to questions about legitimacy and democratic deficit (Koppell, 2010). Legitimacy means the right and acceptance of an authority in order to practice in the public interest. As actors, who are not

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elected democratically such as international organizations (IOs) and private actors, gain more power and authority in a society where global governance grows; there is often said to be a “democratic deficit” (Keohane & Nye, 2003). Finkelstein (1995, p. 368) stresses another point of critique which is related to the vagueness of what global governance actually entails; the concept of global governance, with actors cooperating on different levels as a solution appears to be virtually anything. A more in depth multidisciplinary study is needed in order to find out what it exactly means. Summarizing, global governance is an interesting development, but it has its limitations as well.

2.2 T

HE GOVERNANCE NETWORK THEORY

As global governance is a very broad concept, which is contested in several ways, and does not have a clear structure, this thesis will be narrowed down to the governance network theory. This theory can be placed within the broader concept of global governance in the sense that different actors cooperate on different levels, in order to reach a common goal (Marcussen & Torfing, 2007). The governance network theory implies a network in which several actors, from public to private, and from local to international, contribute to the production of public governance (Torfing, 2012). The difference between global governance and the governance network theory, is that firstly, global governance is a broader concept, and secondly, network theory is more about the relationship between the different actors, while global governance implies the changing political nature (Krahmann, 2005). However, the network theory fits the concept of global governance, as it is a type of governance and implies the need for different actors on different levels, possibly on transnational level, in order to solve wicked problems.

The rise of the formation of governance networks does, to a certain extent, collide with the forces for the growth in importance of global governance as described before, such as the growth of wicked problems, effectiveness, and the fragmentation of social and political life (Krahmann, 2005). However, one of the main driving forces behind the growth of governance networks is the recognition of mutual dependence of social and political actors. Those interdependent actors could cooperate by sharing information, knowledge and ideas, coordinating their actions, collaboration to enhance efficiency, and find suitable solutions to problems and challenges relevant to all of them (Torfing, 2012). A positive feature about a network is that participation is to a certain extent voluntary, which means that all actors still have operative autonomy (Torfing, 2012). This means that the actors are able to carry out

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their essential tasks without being directed from above. Power relations do not have to be equal; hence, there is no actor which has full power within a network (Torfing, 2012). A network functions because of negotiations between the actors regarding power and compromises. Furthermore, the longer the network exists the more institutionalized it gets, due to regular patterns of norms, distributions and codes. However, when the governance network seems to fail, public authorities might try to take over institutionalized negotiations which creates a form of hierarchy again (Scharpf, 1994). In addition, the production of public

regulation with common values, standards, decisions et cetera is part of the network in order

to qualify as a governance network (Torfing, 2012).

Critiques concerning governance networks focus mainly on the accountability of new partners, and the growing role of private partners. The following assumptions provide some arguments against the critiques. First of all, the growing role of diverse actors does not mean a “hollowing out of the state” (O' Toole, 1997, p. 50; Rhodes, 1997). Due to the changing power relations within a network, the state might not have its previous role in maintaining sovereign power, but the state still has certain capacities which allows it to give direction on policies which will be implemented. Furthermore, public authorities are in several cases the only legitimate power in terms of accountability to act, such as for tax collection or certain investigations. In addition, the idea of governance networks is not new; governments cooperating with (social) private partners is not a new phenomenon. Governance networks are seen as an efficient and a legitimate way of governing complex societies, as claimed by political scientists (Torfing, 2012).

2.3 T

HE GOVERNANCE NETWORK THEORY AND HUMAN TRAFFICKING

The network theory neatly touches upon the process of tackling human trafficking. Human trafficking is a phenomenon which is hard to tackle due to its complexity; often there is not one indicator which shows that someone is being trafficked. Mostly it is a combination of signals, such as bad living-conditions, low payment, exploitation et cetera, to be able to classify someone as a victim of human trafficking (National Rapporteur on Trafficking in Human Beings, 2012). As it touches upon different areas ranging from the health sector to the prosecution sector, it can be concluded that human trafficking cannot be solved by a single actor. To properly solve this complex problem, there is a need for actors with different expertise to cooperate on the issue. Within a network, actors from different fields and

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different expertise have close ties, which should result in the achievement of a certain goal jointly. As mentioned before, human trafficking is a problem which effects different areas and involves actors with varying expertise. The stages of transnational human trafficking range from the country of origin to the country of destiny (see Appendix 2). One of the goals for countering trafficking taking place in the country of origin, is to prevent a person from falling in the hands of human traffickers. By doing so, actors such as governmental organizations, civil society and police organizations should all be involved. On the journey to the country of destination, the victim might cross several other countries. Upon arrival in the country of destination, the victims need residency and work. At this stage, the victim encounters several actors, such as companies, municipalities, housing companies etc. In order to prevent or stop this person from being trafficked, all actors within the process should closely cooperate.

In this thesis, the governance network theory will be applied to the Brazilian and Dutch case to see whether a form of a network exists, and if so, whether it could contribute to the operations of tackling human trafficking. To do so, it is necessary to analyse and map the relationships between the actors and to identify the patterns of relationships between the actors (Whelan, 2012). Ronfeldt and Arquilla (2001), describe the effectiveness of a network within five levels of analysis: organisational, narrative, doctrinal, technological and social.

The organisational level: This level concerns the design of the network, based on three types: chain, hub and all-channel (Arquilla & Ronfeldt, 2001). It emphasises the type of relationships the actors have, and what the implications of those relationships are for the actors in the network; measuring the density and the centrality of the actors. It is about the strength, number and distribution of the relations among the actors (Krahmann, 2005, p. 25). The centrality of networks can be divided in three measures: ‘the degree’ (number of direct connections), ‘the closeness’ (distance between actors), and ‘the betweenness’ (the level of influence compared to other actors) (Wasserman & Faust, 1994). The final result of this analysis could show a structure of relationships and implications. Examples of implications could be the flow of resources (e.g. information-sharing) and the role (level of influence) of actors within the network. The design of a network influences the exchange of information and knowledge, which is an essential element of the network. Both centrality and density are measured here; what are the positions of the different actors? Is there a central actor which manages the information flows, or is it based on equality? It is also possible to make clusters to perform the important activities (Owen-Smith & Powell, 2004).

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The narrative level: This level emphasises the reasons behind a network; why do the set of actors form a network and why do they remain in that form? The narrative seems to be closely related to “culture”, and they are used to form “cultural dispositions” of a network (Arquilla & Ronfeldt, 2001, p. 28). What is the basis of the network, and what is the reason for its formation? A basis or goal defined by shared beliefs and values between actors seems to hold networks together.

The doctrinal level: The need for particular strategies that support network forms of organisations, leading to a ‘guiding set of principles and practices’ which could facilitate actors being ‘all on the same page’. Such ‘policies’ regulate the exchange of information between actors. This information could include a description of the roles and responsibilities of every actor (Arquilla & Ronfeldt, 2001). An important factor in the network is to make sure that the partners are looking into the same direction. In addition, it is important for everyone to know their own and each other’s responsibilities and roles in the network.

The technological level: The infrastructure of a network supports the previous levels, and it provides a ground for the way a network interacts. The focus is on the effective and efficient exchange of information. Although sharing information still remains a problem, especially in security networks, it is sometimes more a case of ‘data protection’ than ‘information sharing’. Information sharing is an important element for a network in order to work effectively; difficulties with sharing is problematic for a network. The effectiveness of the network should be prioritized rather than the organisation itself (Kenis & Provan, 2006).

The social level: This level examines the interpersonal relationships between the actors. This is necessary to establish a certain level of trust. Networks often face higher levels of trust than hierarchical organisations. Even though, this level is mainly informal and part of social networks, it is still an important aspect of networks in general.

Furthermore, Dupont (2004) has characterized four different types of networks: local, institutional, international and informational/technological networks. Local networks harness public and private resources available in local communities, which could best be understood and solved by local actors (Dupont, 2004, p. 79). This network implies a close cooperation with the civil community and private parties. Secondly, a institutional network is relatively

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closed and mainly involves public bureaucratic actors. Government agencies pool resources in order to increase efficiency. Thirdly, the international network finds its origins in equivalent processes and has many similarities with institutional networks, but sovereignty plays an important role. It is a relative bureaucratic autonomy joined by large complex organizations (such as national police services) or IOs, who share common interests to tackle transnational organized crime (Norman, 2001). Lastly, the informational network facilitates a controlled flow of information between security nodes and is giving the possibility to access information which has not been accessible before (Dupont, 2004, p. 82). Despite this categorization, networks can also transcend those categories in which several of the previously described types of networks are combined.

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HAPTER

3:

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ETHODOLOGICAL APPROACH

The main aim of this thesis is to examine the tackling of transnational human trafficking through the broader concept of global governance, being narrowed down to the network governance theory. Global governance is a theory which could solve transnational problems. Network governance theory is a practical implication of global governance. Does a governance network for the tackling of human trafficking exist, and if so, would that improve the process?

Human trafficking is displayed as a case of organized crime to see whether governance networks could positively contribute to transnational organized crime. Governance networks can impact human trafficking politively as well as negatively. In the Netherlands and Brazil, human trafficking is an immense problem. The Dutch government strongly prioritises the tackling of human trafficking, but in 2017 approximately 6,250 victims were detected (Nationaal Rapporteur Mensenhandel, 2017). Moreover, the Brazilian government acknowledges the importance of the issue; between 1995 and 2013 46,000 victims of forced labour have been released (Kotiswaran, 2017).

The analysis will first outline a framework for both countries with the most important actors and their roles. Afterwards, the multidimensional model will be applied to the process of tackling human trafficking in both countries. The units of observation are the national Figure 1: Topic funnel

Global Governance

Governance network

theory

Multidisciplinary

approach

Tackling of human trafficking between Brazil and NL

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governments, non-governmental organizations and other actors which are involved in the tackling of human trafficking. Unfortunately, due to the limited scope of this master thesis, and difficulties with reaching IOs; the IOs selected could not be interviewed thus cannot be part of this analysis. By analysing the interviews, the focus will be on their cooperation and the relationship between the actors. Furthermore, the role of different partners will be analysed which will be followed by the successes and failures on tackling human trafficking. This will result in an analysis of the network of tackling of human trafficking, its successes and its challenges. I will examine whether such a network really exists, and if so, how does it contribute to the tackling of human trafficking, is it a positive phenomenon?

3.1 O

PERATIONALIZATION OF THE THEORY

:

THE MULTIDISCIPLINARY COOPERATION MODEL

During the Dutch EU presidency of the Council of the European Union in 2016, the Dutch government published a model which examines a multi-disciplinary approach to tackle human trafficking in collaboration with other actors. Cooperation is an essential element of this model, and it shows the most appropriate way to tackle labour exploitation, a form of human trafficking. This model has been set up by a large group of actors, active in the field of tackling human trafficking. It closely relates to the theory of governance networks, as it implies relationships, involvement of actors from various fields, cooperation, and clarifies the specific roles of the different actors. In order to cooperate efficiently, the model in the “Manual for experts on multidisciplinary cooperation against trafficking in human beings for labour exploitation” suggest that the following steps lead to an effective multidisciplinary approach on tackling human trafficking (Government of the Netherlands, 2016).

- Step 1: Use a multidisciplinary task force/working group

The different actors in the field should create focus groups in which they meet up on a regular basis. Such regular meetings improve the relationship between the different actors (organisational level of analysis). Furthermore, regular meetings could improve social cohesion and trust when partners are meeting regularly (social level of analysis). Those working groups can be used to discuss recent developments, exchange ideas and information and analyse or discuss specific cases (doctrinal level of analysis). Together they can explore the best opportunities to tackle the common problem in which the partners can effectively complement each other.

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- Step 2: Create joint teams for specific problems

This step emphasises the creation of joint teams, which could lead to special relationships between particular actors involved, as not all actors are involved (organisational level of analysis). Those joint teams consist of actors/persons who have expertise on a specific topic or issue. Working on a small scale with the ones who have the best capacities, is more efficient and sets a common approach or gives directions to a specific issue (doctrinal level of analysis).

- Step 3: Choose the most effective approach in each case

A network often exists of various actors who differ from each other, especially in relation to capabilities and competences. Those differences lead to a broader range of approaches/options to choose from. The various actors within the network should think about a final goal of the network, and choose the most effective option in order to reach that common goal (the doctrinal/narrative level of

analysis).

- Step 4: Know each other’s responsibilities, competence and approach

In order to work efficiently within a network governance, it is important to know the capabilities, responsibilities and the goals of the other partners (doctrinal level

of analysis/narrative level of analysis). Mutual understanding is crucial in order to

be able to complement each other where needed and to know what to expect from certain actors, in terms of capabilities.

- Step 5: Invest in relationships with actors (good contact, not just one-sided, discuss what works and what not)

Relationships within a network are very important, as they increase understanding and trust (social level of analysis). Furthermore, it is important that the actors involved stick to the goal, and that they put in mutual effort. The roles of the actors should to a certain extent be defined (doctrinal level of analysis). Furthermore, close ties and regular meetings improve efficiency of the network (organisational

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- Step 6: Look beyond mandate

In order to reach an end goal, actors should sometimes look beyond their own perspective on how to tackle an issue (narrative level of analysis). When cooperating, it is important that actors complement each other as effectively as possible. Therefore, actors should also try to look from the perspective of their partners, and see whether they could provide them with useful intelligence in situations that might be worth a second look (technological level of analysis).

- Step 7: Try out innovative ways of cooperation

Although cooperation is essential in a multidisciplinary approach, sometimes it doesn’t always come naturally, thus sometimes leads to actors exploring ways to improve cooperation. Innovative ways of cooperation could be to include other actors actively or create specific projects. The infrastructure of interaction is an important element and supports on several levels, such as the relationships, the regulations etc., of the network (technological level of analysis)

- Step 8: Exchange expertise

Sharing expertise is an essential element in the tackling of a complex problem such as human trafficking. Especially, in terms of information sharing, which leads to a more complete picture of the issue. It is useful for actors to complement each other with their expertise to assist in each other’s actions, which could lead to more optimal results. Furthermore, meetings facilitate the sharing of information and expertise. Since very different actors are involved, sharing knowledge and experiences can improve the functioning of others (technological level of analysis).

- Step 9: Multi-disciplinary trainings/events

Multi-disciplinary trainings and events are meetings out of the regular context. It gives the opportunity for actors to share expertise and ideas on specific topics. All actors involved should be aware of the training/event. Furthermore, other actors could be invited to increase the scope of the meeting, and to increase shared knowledge. Such special meetings improve the exchange of expertise and the relationship between the different actors (organization level of analysis).

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- Step 10: Joint inspections/visits

Joint inspection/visits mean that some actors partner up in the investigation, visits or take action in cooperation. Different perspectives on a certain case lead to a more complete picture with different types of information (organisational level of

analysis). Especially, in the case of human trafficking, where the actors have a

specific role, joint action could sometimes lead to better results and earlier detection of a case.

- Step 11: Cooperation with a various range of actors

When considering a multidisciplinary approach, cooperation with a wide range of actors is needed, especially in the case of tackling human trafficking. Those smaller, but important actors will be discussed more in-depth in the analysis.

Table 1: Operationalizing governance network theory

Governance Network Theory - Levels of analysis

Multidisciplinary Approach Tackling of Human Trafficking (EU doc.) Steps taken 1: organisational level 1, 2, 5, 9, 10 2: narrative level 3, 4, 6 3: doctrinal level 1, 2, 3, 4, 5 4: technological level 6, 7, 8 5: social level 1, 5

All steps fit into one of the levels of analysis of a network. Firstly, the organisational level concerns the design of the network, and the relationship of the various actors. Multidisciplinary meetings and working groups enhance contacts and improve the strength of the actors’ relationships. Specific relationships between particular actors can be enriched by joint teams/inspections and projects. Close ties with all actors is an important element for a network, and improves the stability of the network. Secondly, the narrative level focuses on the underlying motivations behind the network, and why a certain set of actors work together. Those actors have a common goal/interest and for a network to work efficiently its actors should focus on that goal. Keeping that in mind, the most effective approach should be chosen in order to reach the end goal of the network. Furthermore, actors should look beyond their mandate, which improves effectivity. Thirdly, the doctrinal level is present in many steps of

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the model. In order for a network to function well, a common strategy and direction is needed. In this case, actors should have insight in each other’s capabilities, responsibilities and roles within the network. Furthermore, working groups and joint teams can establish a common framework and direction to follow. Fourthly, the technological level establishes infrastructure to facilitate the previously described levels. The frequent and sufficient exchange of information leads to a better functioning network. Lastly, social relations improve trust. This improves the cooperation of actors within a network. Investment in relationships and frequent meetings enhance the social level. As seen in Table 1, and the description of the multidisciplinary approach above, the model seems to fit well in the network governance theory.

In order to analyse this model well, the most important and relevant actors in Brazil and the Netherlands are described and analysed. This thesis project aims to identify a network and see what the role is of the different actors in this network, taking both national approaches in combination with international cooperation. In chapter 4, the actors will first be explored, with a short description of their tasks and roles. The previous model will be applied for both the Netherlands and Brazil. In order to see how a network could contribute to the tackling of human trafficking it will be compared to the shortcomings and improvements, and see whether a network could solve those.

3.2 D

ATA COLLECTION METHODS AND DATA EXPLOITATION AND ASSESSMENT

The unit of analysis for this thesis are both the Dutch and the Brazilian governments, and the most important actors in the process of human trafficking for both countries. Due to the scope of a master thesis and the reach a student has, it was not possible to interview all actors involved in tackling of human trafficking. This reason also contributed to the fact that it was hard to interview and analyse the international spectrum, namely focussing on the IOs such as Interpol, Europol and the UN. Also, due to a wide range of regulations this would become too broad for the size of this research. The international level is an important and interesting unit of analysis, but due to restrictions it has not been possible to fulfil the complete picture. Therefore, the focus stayed mainly on the national actors and the cooperation between them. This includes the interaction between the countries. Furthermore, the focus has been more on Dutch actors than on Brazilian actors. First of all, the Dutch actors were easier to approach due to the physical location. The interviews were in person, whereas the Brazilian interviews

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were held via skype. More importantly, the research focuses mainly on transnational human trafficking from Brazil to the Netherlands. Therefore, the focus in Brazil is mainly on the recruitment and the prevention, whereas the focus in the Netherlands is a little broader; from the entry to the actual exploitation in the employment sector. Another question relating to validity is that the topic human trafficking is very sensitive, and obscure. Not all data is overt as it is a crime scene; victims should be protected and the caution for important tackling information could fall in the wrong hands.

Qualitative data will be used to support the research. Quantitative data in this research will not be as relevant, as it is more about the approach and role of the different actors. Quantitative data will only be relevant to express the scope of the problem of human trafficking by presenting data on cases. The research question indicates that the thesis will be mainly explanatory and analytical. Firstly, the framework and the role of different actors herein will be explained. Secondly, the model will be applied, which will be analysed in terms of the presence of a network. Qualitative data is the best way to support a descriptive and analytical research. The main method for collecting data has been the conduction of interviews, as this provided insight views and provided a broader picture. To identify a framework of actors, discover the relations between the different partners, and find out about the successes and limitations. Those interviews are subjective observations and intentions of people, and do not always count as factual evidence. Policy papers, reports, article journals, and previous researches on the topic have been analysed in addition. The interviews were able to provide a general view of the different actors about the process, create a better insight into what improvements could be made, and how the different actors interact with each other.

In Table 4 the list of respondents is given; each respondent/actor has their own number. When referring to the interviews during the analysis, the number of the respondents are used to assure confidentiality. In addition, an overview is presented of the different interviews held, and how those interviews were arranged can be found in Appendix 1. The interviews were all recorded and transcribed in a separate document for privacy and confidentiality reasons. Furthermore, Appendix 1 shows some questions which were central during the different interviews. The interviews were semi-structured, some main question were enhanced, but the aim was to get a clear inside view on the broader process such as the shortcomings, the successes and the relationships. The interviews are analysed by applying the different steps of the multidisciplinary approach to it, and to examine whether a governance network exists in

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Brazil and the Netherlands. In practice, the different steps are marked in the document in which interviews are transcribed in order to structure the way of analysing. The results of the interviews are presented in Table 4 in chapter 4. Furthermore, the interviews displayed several shortcoming and successes, but do those have a relation to the governance network theory? How could a network theory positively contribute to the tackling of human trafficking? Does is collide with the successes? And would a network structure be the solution to the limitations?

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C

HAPTER

4:

A

NALYSIS

In this chapter, the data from the interviews on the Dutch and Brazilian way of tackling human trafficking will be analysed. What are the pitfalls, and where do we see opportunities? This chapter will start with a short analysis of the problem and the difficulties of tackling human trafficking. The analysis is divided into three elements: The Dutch case, the Brazilian case and bringing those two together in the final part. For both cases, an explanation will be given on how the country currently is organized regarding the tackling of human trafficking, and to what extent the elements of a network are present. The multidisciplinary model, which to a large extent comprehends the network governance theory, is used in order to see whether such a network is present and how a network could lead to an efficient approach in tackling human trafficking. In part 4.4 two tables are presented which are a summary of the analysis in part 4.3. The first table shows whether the steps of the multidisciplinary model comply to the different actors in the Netherlands and in Brazil. The second table shows where the multidisciplinary model, indirectly a network, could contribute to difficulties that the actors have for tackling human trafficking, which described in the last paragraph of each section in of part 4.3.

As described in the previous paragraph, a short analysis of the problem focusing on the complexity of tackling human trafficking will be given. One of the main problems is the framing of cases of human trafficking. It is hard to actually detect and define someone as a victim of human trafficking. Human trafficking, as described before, has several forms, one of those being sexual exploitation (Nationaal Rapporteur , 2016). In terms of sexual exploitation, it sometimes is likely to say that people who are foreign, not familiar with the language and working in the illegal prostitution trade (prostitution is legal in the Netherlands as well as in Brazil), could be victims of human trafficking (R4). However, for those people, it could also be an easier way of gaining money, as regulations are too complicated due to language barriers. In addition, when an inspector visits an apartment, it could potentially show signals of poor living conditions such as overpopulation. Whilst this could be a sign of human trafficking, it does not necessarily imply human trafficking. With that in mind, a number of signals are needed to identify human trafficking and classify whether a person is a victim of it. Those signals themselves can alert to human trafficking, but they do not confirm a case to be related to human trafficking. This makes dealing with human trafficking difficult.

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Therefore, different actors are asked to work together in order to deliver input to create full packages of signals to be able to identify human trafficking (R3).

Another issue is related to a clash of interests. The overall goal is to stop human trafficking and prevent it from happening in the future. However, taking care of the victims and ensuring their protection is another aspect of tackling human trafficking. Those goals are sometimes quite contradictory, which could make it hard to find the most effective approach to human trafficking; they could also have an impact on information sharing. These manifests themselves primarily in the protection of data of victims versus the need to tackle the problem and prevent future crimes. Both are important (R6), but if human trafficking would be prevented to a larger extent, less protection would be needed. The Dutch government for example has focused more on protection, but they have started focusing on the importance of prevention now as well. In this chapter, both the Netherlands and Brazil will be analysed in terms of their efforts on tackling human trafficking while making a framework of all the different actors.

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4.1 T

ACKLING

(N

ETWORK

)

OF

H

UMAN

T

RAFFICKING IN THE

N

ETHERLANDS

In the recent coalition agreements of October 2017, the Dutch government strongly prioritizes the tackling of human trafficking. In these agreements, the government implements different measures to intensify the tackling of human trafficking. Examples of such measures are investment on international investigation research, by placing a police liaison in the major source countries. In addition, the coalition agreement stresses the need for effective possibilities to prevent, signal and tackle human trafficking by municipalities and police (Rutte, Van Haersma Buma, Pechtold, & Segers, 2017). Furthermore, the government strives for a more integrated approach on tackling human trafficking. This displays a positive and serious attitude of the Dutch government towards tackling human trafficking for the coming years, but how does the Netherlands deal with human trafficking in practice?

4.1.1THE NATIONAL APPROACH AND POLICIES ON TACKLING OF HUMAN TRAFFICKING

Since tackling human trafficking is prioritized by the Dutch government, the subject has gained extra attention. The government aims at tackling human trafficking by making use of an integrated approach, in which all partners will be included which are somehow related to the topic. Furthermore, the government gives added importance to the assistance of the victims (R5). Due to traumatic experiences, victims are often afraid to file a complaint against the offender. Therefore, the Dutch government, sees it as their task to put effort into signalling potential victims themselves. In addition, the Dutch government has appointed a National Reporter which provides the government with the most current information and data on human trafficking annually. In November 2017, the most recent report appeared which mainly emphasised the importance of awareness of each actor’s role in the process. In addition, it addresses the need for an increased role of health organizations in the recognition of signals. Lastly, it stresses the obligation for municipalities to take human trafficking seriously, and create a more unified human trafficking policy, at least within the region (Nationaal Rapporteur Mensenhandel en Seksueel Geweld tegen Kinderen, 2017). The Nationaal Rapporteur aims at active involvement of actors from different fields. Furthermore, they address the importance for the actors to be aware of each other’s role and for all actors to take their responsibilities seriously. In the following part, an explanation will be given about the most important actors in the process, in which their tasks, roles and responsibilities shortly will be described in order to get a more comprehensive view of Dutch framework.

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4.1.2THE MAIN ACTORS AND THEIR ROLES IN THE PROCESS OF HUMAN TRAFFICKING

Table 2: Framework of Dutch actors on tackling human trafficking

Overview actors tackling human trafficking in NL

KMar Police Munipalities OM Other important partners in _{the process}

IND KvK ISZW NGOs

het CCV CoMensha Amnesty Fairwork Social sector Fier Healthcare organizations Housing cooperatives Schools EMM LIEC/RIEC

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The Royal Marechaussee (KMar)

The KMar is part of the Dutch Defence system, and is one of the services of the armed forces (R1). The main task is to guard borders, ports, airports and public spaces to provide security in the Kingdom of the Netherlands. The KMar has the legislative task of tackling human smuggling, whereas the police have the legislative task of tackling human trafficking. The Dutch government is recently discussing the role of the KMar in human trafficking. At the moment, the KMar only has a signalling role, in which signals of human trafficking are directed to Expertise Centre for Human Smuggling and Human Trafficking (EMM). However, in airports the KMAR holds all police tasks and responsibilities. In terms of cooperation, the KMar has close ties with the police on a national3, but also on international level (see next paragraph). In addition, the KMar is actively participating in joint task forces, such as FRONTEX and EMPACT (a European multidisciplinary approach to tackle human smuggling) on an international level (R1).

Police

The Dutch police has the legislative task and responsibilities to tackle and prosecute human trafficking (R2). Therefore, the police play an important role in the tackling of human trafficking. The police focus on all types of human trafficking, although, the main group of victims are from the sex industry (R2). The police have special teams with detectives deployed within the sex industry. The main task is starting investigations and providing surveillance from within the sex industry. The Dutch police is a unified organization, although it is divided within 11 regional units. The different regions enhance different issues and tactics, but there is great unity and cooperation on national, regional and local levels (Politie, 2017). On an international level, the police, in cooperation with the KMar, installed a liaison network, which means that the police have liaison partners within the major origin countries. Via this network, information can be shared more easily and cooperation is enhanced with the countries in the field of human trafficking.

Municipalities

Next to the police and the KMar, the municipalities also play an important role in the tackling of human trafficking (R5). First of all, the municipalities have a main responsibility to take

3_{Since the 1}st_{of December 2017, the KMar and the police has started a one-year project in which closer}

cooperation is fostered. Capacities will be combined and sometimes investigations will be transferred to each other. The main aim is to register all the signals and investigations.

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A network as means to tackle human trafficking 33 care of the victims (Lenferink, 2015). Furthermore, the municipalities have a duty to provide public order within a city. In addition, the recent coalition agreements stress a greater role in the prevention of human trafficking by reporting signals structurally to RIEC (Rutte, Van Haersma Buma, Pechtold, & Segers, 2017). Municipalities have important capabilities to detect human trafficking at an early stage. They place guards on the street, and they have the authority to actively control sex brothels, and houses of possible victims in order to detect signals of human trafficking. Furthermore, municipalities can take administrative measures to punish the criminal which could abolish the need for prosecution. Examples of such measures are the revoking of licenses and closing of buildings which are in being operated by criminals. One of the key objectives of the municipalities is the provision of an integrated approach on human trafficking (R5).

The Expertise Centre for Human Smuggling and Human Trafficking (EMM).

The EMM consists of cooperation between the police, the KMar, the IND, and ISZW (R3; Rijksoverheid, 2017). Those four organizations have representatives working at the EMM. The EMM receives the signals regarding the suspicion of human trafficking. The main aim is to bring all those signals together in order to create a more complete picture. When sufficient signals are gathered about a case, it will be forwarded to public prosecution. The public prosecution will then decide on whether or not to start an investigation. The EMM is an important actor on this topic as it combines all sources of information on important levels, and fosters exchange of expertise between the different actors.

Regional Information and Expertise Centre (RIEC)

The RIEC is an organization which aims at stimulating cooperation and information-sharing between the different actors in the field of human trafficking (R4). In addition, they aim at raising awareness within society for the need to tackle crimes such as human trafficking. The RIECs have the ability to bring various partners together on a local level. Via RIEC covenants, information is shared easily between the different partners, they facilitate the sharing of information between the partners (Inspectie Veiligheid en Justitie, 2016). The RIEC is more focused at an administrative level such as municipalities, whereas the EMM has the police and the KMar as its main partners. Furthermore, RIEC clearly facilitates and promotes an integrated approach between the different partners in the field (R4).

A network as means to tackle human trafficking