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UNCW BLA 361 - Trafficking of Ethiopian Domestic Workers

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Copyright (c) 2006 Berkeley Journal of International LawBerkeley Journal of International Law200624 Berkeley J. Int'l L. 1009LENGTH: 21119 wordsArticle: The Trafficking of Ethiopian Domestic Workers into Lebanon:Navigating Through a Novel Passage of the International Maid TradeNAME: By Khaled Ali Beydoun*BIO: * Khaled Ali Beydoun currently serves as the Legal Analyst for Middle East Programs for the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI) - Rule ofLaw Office of Research and Programmatic Development. He is a graduate of the UCLA School of Law, where he served as Editor-in-Chief of the Journal of Islamic & Near Eastern Law and concentrated in Critical Race Studies. Before UCLA, Khaled received his A.B. from the University of Michigan, where he focused on Islamic & Near Eastern Studies and Political Science. He is from the United States' most concentrated Arab community, Dearborn, Michigan and is of Lebanese ancestry. The author would like to extend his deepest thanks to the following individuals for their support, assistance and contributing visions: Abdul-Rahman Zahzah, Hamada Zahawi, Kumar Rao, Nadia Salibi, Simon Conte, Carson Clements, Andrea Vesa, Wendy Patten and Fikrieh Beydoun.SUMMARY:... I. Introduction: The Emergence of New Channels of Modern-Day Slavery ... Frequently, research in the area of human trafficking makes the trafficker the centerpiece and principal subject of the work, and therefore marginalizes the victim's experience. ... This piece surveys the germane bodies of law which address the trafficking of domestic-workers (for purposes of forced servitude), but also seeks to integrate a particular strand of the illegal "maid trade" into mainstream human rights and rule of law discourse: namely, the experience of Ethiopian domestic-workers trafficked into Lebanon. ... The process of recruitment for most victims of trafficking is similar. ... Trafficked women usually experience a subsequent or secondary trafficking (and sometimes, subsequent phases as well) from the original destination country (Lebanon in this case): ... " In October 2005, Lebanon took a major first step by ratifying the Trafficking Protocol, but must next develop supplementary domestic legislation and programs to combat the influx of illegally trafficked Ethiopian women, and laborers at large. ... Although it cannot be said that all cases of trafficked women working in Lebanon rise to "slavery-like" proportions, numerous accounts expose cases that merit, if not supersede, that label. ... The workday for a trafficked Ethiopian domestic-worker in Lebanon, at best, is nineteen hours. ... HIGHLIGHT: Almost daily a steady stream of young girls queue at the check in of Addis Ababa international airport - destined for the Middle East. Smartly dressed, wearing makeup as they laugh and joke with each other, all long for a new life abroad with promises of high wages and a good job. Yet for most that dream becomes a nightmare as they are forced into prostitution or a slave-like existence as housemaids working 20 hours a day without pay. n1TEXT: [*1009] I. Introduction: The Emergence of New Channels of Modern-Day SlaveryIn today's sociopolitical lexicon, the word slavery connotes archaic generalizations of African slaves being sold and shipped to the New World and Europe. Oftentimes, the historical representation and icons of "classical" (or [*1010] chattel) slavery monopolize one's understanding of this ever more robust and fluid industry, which effectively extinguishes our belief that it still exists. n2 This limited conception of slavery excludes the many contemporary institutions and practices that are fundamentally akin to the classical form. n3 Shackles and whips have been replaced by more inventive designs to dehumanize, suppress, and subsequently enslave persons for economic or sexual purposes. Nevertheless,slaves are more readily available and sometimes still chatteled like before, but today's slaves and abolitionists must also cope with new paradigms: Slaves are now less expensive than at any point in recorded history. This cheapness is a boon to criminals, and has also altered the way that slaves are treated and used. These changes mean that while slavery remains a criminal activity, both the law and researchers are forced to confront new manifestations of slavery. n4 Today, human trafficking has emerged as the imperceptible vehicle for enslavement. From the perspective of the trafficker, like that of the slave-trader, trafficked persons remain merely a commodity open for sale and apt for servitude or other forms of exploitation.This piece presents an inconspicuous, but burgeoning, channel of the "international maid trade." n5 The trafficking of Ethiopian domestic workers into Lebanon has proliferated since 1989, and neither government nor influential transnational human rights actors have instituted any meaningful measures to prevent it. Furthermore, research and scholarship hasalso failed this class of victims, with little attention being paid to their plight in the pages of law journals, human rights reports, and the like - institutional mechanisms which traditionally launch more formal policy interventions into such crises. Perhaps this piece is nothing more than an academic plea, urging a heightened level of alarm, and action, on the part of the international human rights community. [*1011] The international community regards the trafficking of persons, namely children and women, as "a human rights violation that is considered a contemporary form of slavery."n6 Thus, to keep abreast of contemporary mutations of slavery, the international community codified "human trafficking," side-by-side with "slavery;" the former a legal term of art that effectively encompasses non-traditional forms of enslavement. Here, my focus is on trafficking alone (as opposed to smuggling, n7 wherein the subjects are fully aware, and not coerced or defrauded, into migrating). The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (hereinafter "Trafficking Protocol") n8 offers the most comprehensive and universally relied-upon definition of trafficking: "Trafficking in persons" shall mean the 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


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UNCW BLA 361 - Trafficking of Ethiopian Domestic Workers

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