Trafficking in Persons, Especially Women and Children, in Countries of the Middle East: The Scope of the Problem and the Appropriate Legislative Responses
Fordham International Law Journal
Copyright c 2002 by the authors. Fordham International Law Journal is produced by The
Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj
Trafficking in Persons, Especially Women and
Children, in Countries of the Middle East: The
Scope of the Problem and the Appropriate
Mohamed Y. Mattar
The purpose of this Article is to discuss the scope of the problem of trafficking in persons,
especially women and children, in the region of the Middle East, and to examine the legislative
responses to this problem. This Article will discuss the forms of trafficking in the countries of the
Middle East and explain the current legislative responses to the problem of trafficking. This
Article will also evaluate the adequacy of these responses, as determined by the minimum standards
for eliminating trafficking in persons set forth by the United States Trafficking Victims Protection
Act of 2000 (”TVPA”). The Article will also address what countries of the Middle East must do
to comply with the provisions stipulated in the United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, Supplementing the United
Nations Convention Against Transnational Organized Crime (”Protocol”). The Article will conclude
by suggesting necessary legislative changes that must be initiated by these countries to combat
trafficking in persons in the region.
Mohamed Y. Mattar*
Trafficking in persons, especially women and children, has
been recognized by the international community as a human
rights violation that is considered a contemporary form of
slavery.' Each year, at least 700,000 people, primarily women and
children, are trafficked globally and placed into conditions of
sexual exploitation and forced labor. Trafficking in persons is
one of the fastest growing and most lucrative criminal activities.
Several attempts at combating trafficking in persons have been
made through international treaty law. The Rome Statute of the
International Criminal Court ("Rome Statute"), effective July 1,
2002, explicitly recognizes trafficking in persons as enslavement,
which is considered a crime against humanity. 2 The 2000
* Mohamed Y. Mattar received his LLB from the Alexandria University Faculty of
Law, his MCL from the University of Miami School of Law, and his LLM and SJD from
Tulane University School of Law. Dr. Mattar is an Adjunct Professor of Law and
CoDirector of the Protection Project at the Johns Hopkins University School of Advanced
International Studies. All foreign laws are author's translation and on file with the
author, unless indicated otherwise.
1. See Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, Secs.
102(b)(1)-(2), 114 Stat. 1464, 1466 (2000) [hereinafter TVPA].
2. Rome Statute of the International Criminal Court, United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an International Criminal
Court, Rome, Italy, June 15-July 16, 1998, U.N. Doc. No. A/CONF.183/9* (1998), art.
7, available at http://www.un.org/law/icc/statutw/romefra.htm [hereinafter Rome
Statute]. Crimes against humanity are defined under Article 7 of the Rome Statute to
include "enslavement", "sexual slavery," "enforced prostitution," and "any other form of
sexual violence of comparable gravity." Id. The Rome Statute defines "enslavement" to
mean "the exercise of any or all of the powers attaching to the right of ownership over a
person and includes the exercise of such power in the course of trafficking in persons,
in particular women and children." Id. The Rome Statute follows Article 7 of the 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery, which defines slavery as "[t]he status or condition
of a person over whom any or all of the powers attaching to the right of ownership are
exercised." Supplementary Convention On The Abolition Of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery, Sept. 7, 1956, art. 7, 18 U.S.T. 3201.
United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and: Children,
Supplementing the United Nations Convention Against Transnational
Organized Crime ("Protocol") mandates that States Parties take
the necessary measures not only to criminalize the offense of
trafficking, but also to prevent trafficking, protect and assist
victims of trafficking, and promote international cooperation to
combat the problem of trafficking.' Thus, the Protocol provides
a "comprehensive international approach"4 to combating
trafficking, which surpasses the earlier international trafficking
prohibitions under the following Conventions: the 1949
Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others ("1949 Convention"),5
which criminalized prostitution-related activities; 6 the 1979
Convention on the Elimination of All Forms of Discrimination
Against Women,7 which prohibited "all forms of traffic in
women";8 and the 1989 Convention on the Rights of the Child, 9
calling for the prevention of "traffic in children for any purpose
or in any form.' ' 0
Despite these international convention prohibitions against
trafficking in persons, the responses to the problem of
trafficking differ in the various countries and the different regions of
the world. The purpose of this Article is to discuss the scope of
the problem of trafficking in persons, especially women and
children,1' in the region of the Middle East,' 2 and to examine the
6. 1949 Convention, supra n.5, at 274. Article 1 of the 1949 Convention provides
for the punishment of:
[A] ny person who, to gratify the passions of another:
(1)[p]rocures, entices or leads away, for the purposes of prostitution, another
person ... [or]
(2) [e]xploits the prostitution of another person ...
Id. Article 2 of the 1949 Convention also makes criminal the action of any person who:
(1) [k]eeps or manages or knowingly finances or takes part in financing a
brothel [or] (2) [k]nowingly lets or rents a building or other place or any part
thereof for the purpose of the prostitution of others.
7. Convention on the Elimination of All Forms of Discrimination Against Women,
opened for signature Mar. 1, 1980, 1249 U.N.T.S. 14 (entered into force Sept. 3, 1981)
[hereinafter 1980 Convention].
8. Id. art. 6. But see Susan Jeanne Toepfer & Bryan Stuart Well, The Worldwide
Market for Sex: A Review of Internationaland Regional Legal ProhibitionRegarding Trafficking in
Women, 2 MICH.J. GENDER & LAw 83, 101 (1994) (criticizing Article 6).
9. Convention on the Rights of the Child, U.N. GAOR, 44th Sess., Agenda Item
108, U.N. Doc. A/44/736 (1989) [hereinafter Convention on the Rights of the Child].
10. Id. art. 35.
11. This Article adopts the term "trafficking in persons, especially women and
children" to address the issue of trafficking in human beings. While other terms have been
used to address the subject, including "human trafficking," "trafficking of women and
children," and "trafficking in migrants," the recent international legal instruments,
including the Protocol, supra n.3, as well as the Rome Statute, supra n.2, both use the
term "trafficking in persons, especially women and children." The term, as such, is
more comprehensive, and in the meantime, focuses on women and children as the
most vulnerable to trafficking persons. The term also avoids the confusion between
trafficking in persons and migrant smuggling. See generally Women's Right Advocacy
Program ("WRAP"), Reportfrom the Roundtable on the meaning of Trafficking in Persons: A
Human Rights Perspective, 20 WOMEN's RTs. L. RP. 11 (1998) (discussing the definition
of trafficking in persons); Janie Chuang, Redirecting the Debate Over Trafficking in Women:
Definitions, Paradigms, and Contexts, 11 HARv. HUM. RTs. J. 65 (1998); Nora V.
Demleitner, Forced Prostitution:Naming an InternationalOffensive, 18 FORDHAM INT'L LJ.
12. For the purposes of this Article, the Middle East will include the following
legislative responses to this problem. Countries of the Middle
East are countries of destination,- origin, and transit for
trafficking for the purposes of prostitution, other forms of sexual
exploitation, and forced labor, especially domestic servitude.
While some countries of the Middle East recognize these forms
of trafficking, most legal systems of these countries have not yet
specifically criminalized all forms of trafficking, nor do they
provide for any protection or assistance to victims of trafficking.
This Article will discuss the forms of trafficking in the countries
of the Middle East and explain the current legislative responses
to the problem of trafficking. This Article will also evaluate the
adequacy of these responses, as determined by the minimum
standards for eliminating trafficking in persons set forth by the
United States Trafficking Victims Protection Act of 2000
("TVPA") .1 The TVPA calls on foreign countries to prevent acts
of trafficking, protect victims of trafficking, and prosecute cases
of trafficking in persons. The Article will also address what
countries of the Middle East must do to comply with the
provisions stipulated in the Protocol. The Article will conclude by
suggesting necessary legislative changes that must be initiated by
these countries to combat trafficking in persons in the region.
I. TRAFFICKING IN THE MIDDLE EAST: COUNTRIES OF
DESTINATION, ORIGIN, AND TRANSIT FOR THE PURPOSE
OF FORCED LABOR AND PROSTITUTION
Trafficking in persons involves recruitment, transportation,
transfer, and harboring or receipt of persons,14 often for the
purpose of prostitution or the exploitation of the prostitution of
others. Article 3 of the Protocol defines exploitation to include
"at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labor or services,
slavery or practices similar to slavery, servitude or the removal of
countries: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,
Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, Turkey, the United Arab Emirates,
13. TVPA, supra n.1.
14. Protocol, supra n.3, art. 3(a). Article 3(c) states, however, that "the
recruitment, transportation, transfer, harbouring, or receipt of a child for the purpose of
exploitation shall be considered 'trafficking in persons' even if this does not involve any of
the means set forth in subparagraph (a) of [Article 3]." Id.
organs."'15 However, the Protocol does not define any of these
forms of exploitation and therefore, existing international
conventions on the relevant subjects should be consulted.
Exploitation of the "prostitution of others" and "other forms of sexual
exploitation" are not defined by any of the existing international
conventions. The 1949 Convention merely states that
"prostitution and the accompanying evil of the traffic in persons for the
purpose of prostitution are incompatible with the dignity and
worth of the human person and endanger the welfare of the
individual, the family and the community.' 6 The Protocol does
not require a State Party to criminalize the act of prostitution
itself, which the Protocol addresses "only in the context of
trafficking in persons,"' 7 and thus avoids the issue of "how State[s]
Parties address prostitution in their respective domestic laws."",
Earlier drafts of the Protocol included forced marriage,
pornography, and sex tourism as "forms of sexual exploitation."9
Forced labor is defined by the International Labor Organization
("ILO") Convention 29 Concerning Forced or Compulsory
Labour,2 ° to mean "all work or service which is exacted from any
person under the menace of any penalty and for which the said
person has not offered himself voluntarily. '21 The 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade
and Institutions and Practices Similar to Slavery ("1956
Convention") 22 defines slavery as "the status or condition of a person
over whom any or all of the powers attaching to the right of
ownership are exercised. '21 Practices similar to slavery under the
1956 Convention include debt bondage, 4 serfdom, 25 the
institution of marriage 26 if the woman is considered property, and the
sale of children. Under the 1956 Convention, the sale of
children is considered slavery through
[a] ny institution or practice whereby a child or young person
under the age of 18 years is delivered by either or both of his
natural parents or by his guardian to another person,
whether for reward or not, with a view of the exploitation of
the child or young person or of his labour.2 7
Consequently, the sale of children in the name of intercountry
adoption2" may be considered a practice similar to slavery. The
Travaux Preparatoiresto the Protocol indicate that "where illegal
[t]he status or condition arising from a pledge by a debtor of his personal
services or of those of a person under his control as security for a debt, if the
value of those services as reasonably assessed is not applied towards the
liquidation of the debt or the length and nature of those services are not
respectively limited and defined.
25. Id. art. 1 (b). "Serfdom" is defined in Article I (b) as:
[t]he condition or status of a tenant who is by law, custom or agreement
bound to live and labour on land belonging to another person and to render
some determinate service to such other person, whether for reward or not,
and is not free to change his status.
26. Id. art. 1 (c)(i)-(iii).
27. Id. art. 1 (d).
28. "Intercountry adoption" or "international adoption" is the practice by which
adult citizens of a Nation adopt a child who is a citizen of a different Nation. See
generallyJorge L. Carro, Regulation of Intercountry Adoption: Can the Abuses Come to an End?, 18
HASTINGS INT'L & COMP. L. REV. 121 (1994) (discussing the practice); Howard E.
Bogard, Who Are the Orphans? Defining OrphanStatus and the Need for
anInternationalConvention on Intercountry Adoption, 5 EMORY INT'L L. REV. 571 (1991); Richard R. Carlson,
TransnationalAdoption of Children, 23 TULSA L.J. 317 (1988);Jorge L. Carro, Regulation
of Intercountry Adoption: Can the Abuses Come to an End?, 18 HASTINGS INT'L & COMP. L.
REv. 121 (1994); Comment, Moppets on the Market: The Problem of UnregulatedAdoptions,
59 YALE L.J. 715 (1950); Paul K. Driessen, Immigration Laws, Proceduresand Impediments
Pertainingto Intercountry Adoption, 4J. INT'L & POL'Y 257 (1974); Jane T. Ellis, The Law
and Procedureof InternationalAdoption: An Overview, 7 SUFFOLK TRANSNAT'L. L. REV. 361
(1983); Allen F. Epstein, InternationalAdoption: The Need for a GuardianshipProvision, I
B.U. INT'L L.J. 225 (1982); Nicole Bartner Graff, IntercountryAdoption and the Convention
on the Rights of the Child: Can the FreeMarket in Children be Controlled?, 27 SYRACUSE J. INT'L
L. & COM. 405 (2000); Grove Independent Adoption: The Casefor the Gray Market, 13 VILL.
L. REV. 116 (1967); Lisa M. Katz, A Modest Proposal? The Convention on Protection of Chil
dren and Cooperationin Respect of IntercountryAdoption, 9 EMORY INT'L L. REv. 283 (1995);
Holly C. Kennard, Curtailingthe Sale and Trafficking of Children: A Discussionof the Hague
adoption amounts to a practice similar to slavery as defined in
article 1, paragraph (d), of the Supplementary Convention on
the Abolition of Slavery ... it will also fall' within the scope of the
Protocol. '29 Baby trafficking, however, is not subject to any
explicit international conventional prohibition. The 1993 Hague
Convention on Protection of Children and Cooperation in
Respect to Intercountry Adoption merely provides that "[n]o one
shall derive improper financial or other gains from an activity
related to an intercountry adoption. 30
Illicit sale of children for the purpose of intercountry
adoption does not constitute a form of trafficking in most countries
of the Middle East because Islamic law does not recognize the
institution of adoption in accordance with the Qur'an, which
...[Nor] has He made your adopted sons your sons. Such is
only your manner of speech by your mouths. But God tells
you the Truth, and He shows the right way. Call them by (the
names of) their fathers: that is juster in the sight of God.3 '
Islamic law recognizes Kafala, as an alternative to adoption.
Kafala is a system of fosterage where a child may be placed
under the guardianship of a family, but the child continues to
retain his lineage.3 2 This explains why many countries of the
It is permissible for a family to assume responsibility for the care of welfare
beneficiaries residing in social welfare centers for the homeless within the
categories and in accordance with the conditions laid down in this Ordinance.
Id. Article 3 lays down the following conditions to be fulfilled by the foster family:
Middle East that follow Islamic law had reservations regarding
Article 21 of the 1989 Convention on the Rights of the Child,
which recognizes adoption 3 -it is inconsistent with Islamic
law.34 Unlike other regions where baby trafficking is prevalent,
(a) It must be a Libyan and Muslim family;
(b) It must be a family consisting of a husband and wife who are committed to
sound principles of morality and are capable of providing an appropriate
environment for the foster child;
(c) Neither of the spouses should be over 50 years of age;
(d) The family's economic status should be such as to ensure that the foster
child's basic needs will be met throughout the period of the fosterage;
(e) Proper hygienic conditions must be assured in the residence of the foster
(f) In seeking to meet the requirements of fosterage, priority is always given to
childless families or families with few children which can accept more than
one foster child;
(g) The couple must be willing to assume the status of foster parents;
(h) The wife's circumstances and the time at her disposal must be such as to
ensure that the foster child receives the necessary maternal care, attention and
33. Convention on the Rights of the Child, supra n.9, art. 21. Article 21 provides:
States Parties that recognize and/or permit the system of adoption shall
ensure that the best interests of the child shall be the paramount consideration
and they shall:
(a) Ensure that the adoption of a child is authorized only by competent
authorities who determine, in accordance with applicable law and procedures
and on the basis of all pertinent and reliable information, that the adoption is
permissible in view of the child's status concerning parents, relatives and legal
guardians and that, if required, the persons concerned have given their
informed consent to the adoption on the basis of such counseling as may be
(b) Recognize that intercountry adoption may be considered as an alternative
means of a child's care, if the child cannot be placed in a foster or an adoptive
family or cannot in any suitable manner be cared for in the child's country of
(c) Ensure that the child concerned by intercountry adoption enjoys
safeguards and standards equivalent to those existing in the case of national
(d) Take all appropriate measures to ensure that, in intercountry adoption,
the placement does not result in improper financial gain for those involved in
(e) Promote, where appropriate, the objectives of the present Article by
concluding bilateral or multilateral arrangements or agreements, and endeavor,
within this framework, to ensure that the placement of the child in another
country is carried out by competent authorities or organs.
34. Some Muslim countries expressed general reservations on any provision of the
Convention, which is incompatible with Islamic law. This is the case with Afghanistan,
Mauritania, Qatar, Saudi Arabia and Iran. Other countries are more specific in
referthere is no demand for adopted children in the Middle East.
Children, however, are trafficked to countries of the Middle
East to serve as camel jockeys, and often placed into situations of
compulsory or forced labor in slave-like conditions, which are
frequently accompanied by physical abuse. Reports indicate that
children as young as three are either sold by their parents in
exchange for as little as US$500, or kidnapped, and taken to the
United Arab Emirates, Saudi Arabia, and other Gulf States,
where camel racing is a popular sport among the wealthy.35
These children are trafficked from Sudan, Pakistan,
Bangladesh36 , India, Nepal, and Sri Lanka." Camel jockeys are
deemed useless when they surpass seven years of age, or when
they weigh more than thirty-seven pounds3. They are then left
on the streets by their traffickers. 9 These children are underfed
to maintain their low weight, and often fall off the camels,
resulting in serious injuries and even death.4 °
The other form of labor trafficking, which poses a
significant problem in countries of the Middle East, is domestic
service. Women migrate in great numbers to countries of the
Middle East. For instance, the Jordanian Ministry of Labor
estimated that a total of 25,656 female migrants were working in
Jordan, 21,322 of who were from Sri Lanka, and 4,334 from the
Domestic servants come from Bangladesh, the Philippines,
Sri Lanka, India, Indonesia, Ethiopia, Somalia and Nepal to
work in different countries of the Middle East, especially
Bahrain, Jordan, Lebanon, Oman, and Saudi Arabia. The
Interring in particular to Article 21. This is the case with Egypt, Indonesia, Jordan, Kuwait,
Oman, Syria and the United Arab Emirates.
35. Stewart Bell, 'CamelKids' the New Slaves: Where the Very Wealthy Seek Out the Very
Young for the Sake of Sport, NAT'L POST, June 15, 2002, at B1.
36. U.S. DEP'T OF STATE, VIc-rIMs OF TRAFFICKING AND VIOLENCE PROTECTION ACT
OF 2000: TRAFFICKING IN PERSONS REP. (2002), available at http://state.gov/g/tip/rls/
tiprpt/2002/ (last visited Feb. 20, 2003) [hereinafter TIP REPORT].
37. Jockeys forJeddah Tumble to Safety, STATESMAN (INDIA), Jan. 6, 2002.
38. Amal Jayasinghe, Death in the Desertfor Pakistan'sCamel Children, AG. FR. PRESSE,
July 21, 2002.
39. Nadeem Qadir, Promised ParadiseTurns to Hell for Child CamelJockeys, AG. FR.
PRESSE, Aug. 15, 2002.
40. Somini Sengupta, Child Traffickers Prey on Bangladesh, N.Y. TIMES, Apr. 29, 2002,
41. Melanie Orhant, Embassies Urge Greater Policing of Agencies that Traffic Migrant
Workers, JORDAN TIMES, Jan. 22, 2001.
national Organization for Migration ("IOM") estimates that
12,000 to 14,000 Ethiopian women are employed in Lebanon,
mostly in domestic service.4 2 In Oman, there are approximately
35,000 Sri Lankan workers employed in the garment industry
and domestic service.43
It is reported that domestic servants are required to work
twelve to sixteen hours a day with little or no pay, are rarely
given free time, are malnourished and often abused verbally and
physically, and suffer from sexual exploitation.4 4 Out of fear,
domestic servants often do not complain or report cases of sexual
exploitation or abuse to the appropriate authorities.45
Employers often hold the domestic servants' passports and other travel
documents, thus preventing them from leaving their jobs for
other work, or returning home.4 6
Some forms of marriage in the Middle Eastern countries
have been used to legitimize prostitution and other forms of
sexual exploitation. Most notably, the Islamic institutions of early
marriage and temporary marriage have been questioned as
amounting to the exploitation and abuse of women. Marriage
becomes an institution of slavery under Article 1 of the 1956
(i) A woman, without the right to refuse, is promised or given
in marriage on payment of a consideration in money or in
kind to her parents, guardian, family or any other person or
(ii) The husband of a woman, his family, or his clan, has the
right to transfer her to another person for value received or
(iii) A woman on the death of her husband is liable to be
inherited by another person.47
Islamic law condemns these practices. While a woman is
42. Ethiopian Women Working in Lebanon Are Beaten: IOM, AG.FR. PRESSE, Feb. 28,
paid a Mahr48 as consideration, which is necessary for the validity
of the formation of the marriage, such consideration is paid to
her and not "to her parents, guardian, family or any other
person or groups."4 9 Islamic law freed women who were considered
property subject to "transfer" and "inheritance" in pre-Islamic
society. Although Islamic law does not provide for a minimum
age of marriage, it requires legal capacity, which assumes
maturity and puberty. The 1962 Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages5"
advises States to prescribe a minimum age of marriage, 5 ' although
it does not explicitly ban child marriage.52 Legal systems of
countries of the Middle East differ as to the minimum age for
marriage. The Civil Code of Iran, for instance, merely prohibits
marriage before the age of maturity. 53 The Personal Status Law
of Yemen sets the minimum age for marriage of both males and
females at fifteen. 54 The Personal Status Law of Kuwait prohibits
registration of a marriage contract of a female under fifteen
48. See, e.g., Aziz v. Aziz, 488 N.Y.S. 2d 123, 123-24 (1985); see also Dajani v. Dajani,
207 Cal. App. 3d 1387, 1389-90 (1988) (discussing the validity of the Mahr in American
49. 1956 Convention, supra n.22, art. 1 (c)(i)-(iii).
51. Id. art. 2. Article 2 provides:
States Parties to the present Convention shall take legislative action to specify
a minimum age for marriage. No marriage shall be legally entered into by any
person under this age, except where a competent authority has granted a
dispensation as to age, for serious reasons, in the interest of the intending
52. See Ladan AsKari, The Convention on the Rights of the Child: The Necessity of Adding
a Provision to ban Child Marriages,5 ILSAJ. INT'L & CoMP. L. 123, 127 (1998). It can be
argued, however, that the practice of child marriage violates Article 2(2) of the
Convention on the Rights of the Child, which mandates States Parties to "take all appropriate
measures to ensure that the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed opinions, or beliefs of the
child's parents, legal guardians, or family members." Id. Child marriage may also
violate Article 24(
), which states: "States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practice prejudicial to the health of
children." Id. It may also violate Article 37(a), which states: "States Parties shall ensure that
no child shall be subjected to torture or other cruel, inhuman or degrading treatment
or punishment." Id.
53. See Civ. C., art. 1041 (Iran).
54. See PERS. STAT. L., art. 15 (Yemen).
years of age or a male under seventeen years of age." The
minimum age of marriage in Jordan is sixteen years for a male and
fifteen years for a female.5" In Syria, the minimum age of
marriage is eighteen for a male and seventeen for a female.57 And in
Egypt, the minimum age of marriage is set at eighteen for males
and sixteen for females. Early marriages and child marriages are
forbidden under Islamic law and the existing legal systems.
Temporary marriage has been used to disguise prostitution
in some countries of the Middle East. Whether the institution of
temporary marriage itself constitutes a valid form of marriage
under Islamic law has been subject of debate between the Shi'a
and the Sunni. 8 While the Sunni only recognize permanent
marriage, the Shi'a, in countries like Iran, allow for an alternative
form of marriage, which may be limited for a certain period of
time. 9 In temporary marriages, the marriage itself may be
entered into orally, without witnesses or registration. Moreover,
women in temporary marriages have no right to divorce; nor are
they entitled to inheritance. Meanwhile, men may terminate the
agreement at any time. It has been argued that temporary
marriages make women vulnerable to sexual exploitation and are
very often used as a legitimate means to force women into
prostitution.60 There have been reports of temporary marriages
between daughters from poor Egyptian families and wealthy Arabs
from the Gulf States.6' Similar reports have documented the
kidnapping of women under the guise of temporary marriages
to force them into prostitution in Algeria.62 There have also
been reports of forced marriages in Egypt. In once case, an
Arab man married twenty-two Egyptian women and forced them
into prostitution. The man visited Egypt every few months and
persuaded the women's families to permit the marriages by
giving them money and presents. Once married in his native
try, he divorced his new wives and forced them into
Some Middle Eastern countries are destinations for the
trafficking of women and children for the purpose of prostitution.
Women and children are brought to these countries under the
guise of legitimate employment, only to later find themselves in
situations of forced prostitution. In 1999, thirty-one Filipino
women in Saudi Arabia were arrested and charged with possessing
illegal residency permits. It was reported that these women, all
of whom had been promised jobs as domestic servants, had been
trafficked into the country and forced into prostitution.6 4 There
have also been reports that women from Bangladesh, many
under the age of eighteen, are forced into prostitution in
Kuwait, Bahrain, and Saudi Arabia.6" In addition, Egypt, Lebanon,
Morocco, Syria, and the United Arab Emirates are also
destination countries for women who have been trafficked for the
purpose of prostitution from South East Asia, Central Asia, Eastern
Europe, and Africa. Egypt also serves as a transit point for
women who are trafficked from Eastern Europe - specifically
Moldova, Ukraine, and Russia - to Israel for prostitution.66
Prostitution rings based in Tehran have been broken in Iran,
where Iranian girls were being sent to France, Britain, Turkey,
the United Arab Emirates, Kuwait, and Qatar.67 Trafficking for
the purpose of prostitution in the Middle East is not limited to
women from other regions. Countries of the Middle East such
as Algeria, 68 Egypt,69 IranJordan, 70 Morocco, 7' and Turkey72 are
countries of origin for women trafficked within the Middle East
and to countries of Western Europe for the purpose of
II. ABSENCE OFA SPECIFICANTI-TRAFFICKING LAW:
LIMITED LEGISLATIVE APPROACH TO TRAFFICKING
AS A PROSTITUTION-RELATED ACTIVITY
Existing legislation does not explicitly recognize all of the
above-referenced forms of trafficking, and also does not provide
for adequate protection for victims of trafficking. Forced labor
is prohibited by the constitutions of some Middle Eastern
countries. For instance, the Constitution of Jordan provides that
"[c]ompulsory labour may not be imposed on any person."73
The Constitution of the United Arab Emirates states that "no
person shall be enslaved."74 Similarly, under the Constitution of
Turkey "[n]o one shall be forced to work."7 5 However, many
countries of the Middle East do not recognize domestic service
as a form of labor trafficking on the basis that domestic servants
come to the region to work voluntarily. Nonetheless, in many
instances of domestic service, consent may be non-existent or at
least defective. The Protocol makes it clear that the consent of a
victim of trafficking is "irrelevant"76 in the cases where the the
domestic servant is illegally recruited
...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 c77ontrol over another person, for the purpose
One may argue that many cases of trafficking in persons for
domestic service include one or more of these means, making
domestic service involuntary, and, therefore, a form of trafficking.
In addition, in most Middle Eastern countries, labor law does
not apply to domestic work, and domestic servants, therefore,
fall outside the scope of the protection provided by labor law.
Trafficking for the purpose of prostitution is addressed by
73. JORDAN CONST. ch. II, art. 13-1 (1952) (stating that compulsory labor may be
imposed on a person in a state of necessity or as a result of conviction by a court of law).
74. U.A.E. CONsr., art. 34/3 (1971).
75. TuRK. CONST. ch II, art. 18 "Prohibition of Forced Labour" (1982).
76. Protocol, supra n.3, art 3(b).
77. Id. art. 3(a).
individual legislatures, as part of the penal codes or the criminal
codes of individual Middle Eastern countries. The act of
prostitution itself is illegal in all countries of the Middle East,78 except
for Lebanon and Turkey.7" In 'fact, Lebanon legalizes
prostitution and allows the establishment of brothels in specified areas.8 0
Women in prostitution must be at least twenty-one years of age,"1
and must undergo medical examinations8. 2 Islamic law provides
a basis for the prohibition of the act of prostitution in many of
the countries of the Middle East. Prostitution is considered a
form of adultery for which the Qur'an provides the sentence of
lashing. The relevant text is Surah XXIV:2, which states:
...as for the adulteress and the adulterer, flog each of them
with a hundred stripes, and let not compassion with them
keep you from (carrying out) this Law of God, if you believe
in God and the last, and let a group of the believers witness
Some countries of the Middle East, specifically Saudi Arabia,
strictly apply this rule. 4
The penal codes or the criminal codes of the countries of
the Middle East also prohibit prostitution-related activities,
including procurement of a person into prostitution, living on the
profits of prostitution, and maintaining a brothel. Regarding
procurement of a person into prostitution, the Criminal Code of
Algeria prohibits aiding, assisting, or protecting others, and
procuring or enticing a person into prostitution." In Bahrain, the
83. See HOLY QUR'AN, supra n.31, XXIV:2. The Prophet defined the scope of the
application of the Qur'anic verse by applying the flogging sentence to cases involving
unmarried men or women, while applying a sentence of stoning to those who are
married. See generally Matthew Lippman, Islamic CriminalLaw and Procedure:Religious
Fundamentalism v. Modern Islamic Law, 12 B.C. INT'L & COMP. L. REV. 29 (1989) (discussing
Islamic law crimes and punishment).
84. This rule is also applied in Pakistan. According to Article 2 of the 1979 Zina
[Enforcement of the Hudood] Ordinance:
[w]hoever is guilty of Zina shall be liable to . . . (a) if he or she is muhsan
[married] be stoned to death at a public place, or (b) if he or she is not
muhsan [married] be punished, in a public place, with whipping numbering
Id. It must be noted that Islamic law requires very strict proof of the act of prostitution
- "at least 4 Moslem male adults witnesses [must] ...give evidence as eye-witnesses of
the act of penetration necessary to the offense." Id. art. 8. See generallyJulie Dror
Chadbourne, Never Wear Your Shoes After Midnight: Legal Trends Under Pakistani Zina
Ordinance, 17 Wis. INT'L L.J. 170 (1999) (discussing punishment under Pakistani law).
Likewise, in accordance with Article 88 of the Iranian Penal Code of 1979 "[t]he
punishment for fornication for a woman or a man who does not qualify as 'married' is
one hundred lashes." Id. Article 83 of the Code provides that "[t]he punishment for
fornication in the following situations is stoning: (a) fornication by a married man.
Similarly, Article 307 of the Criminal Code of Mauritania stipulates:
[A] ny adult Muslim of either sex found guilty of the crime of Zina ...shall be
punished publicly, if the person is unmarried, by whipping with 100 lashes and
one year of imprisonment... Nevertheless, the penalty of death by stoning...
shall be imposed upon a guilty party who is married or divorced.
85. See CRIM. C., art. 343 (Alg.). The Algerian Criminal Code states that any
perCriminal Code prohibits forcing a person to commit prostitution
by means of coercion, threat, or deceit.8 6 The Code also
penalizes any person who aids, facilitates, or incites a male or a female
to practice lewdness or prostitution. 7 Similarly, the Criminal
Code of Egypt criminalizes procurement for the purpose of
prostitution by means of deceit, violence, threat, abuse of power, or
other unlawful means.8 8 Likewise, the Iranian Criminal Code
86. See CRIM. C., art. 325.1 (Bahr.). Article 325 of the Code states:
(1) Every person who forces a male or a female to commit acts of immorality
or prostitution by way of coercion, threat or deceit shall be liable for
imprisonment for a period of no less than 2 years and no more than 7 years.
(2) If the victim is less than 18 years of age, the punishment shall be a prison
sentence for a period not exceeding 3 years and no more than 10 years.
87. See id. art. 1(a) (stating that "any person who aids, facilitates, or incites a male
or female to practice lewdness or prostitution shall be punished with a fine and
imprisonment of 1 to 3 years.").
88. See CraM. C., art. 2 (Egypt). The Code states as follows:
(a) Who manipulates, inveigles or entices a person, either male or female, to
commit lewdness or prostitution by deceit, force or threat or by misusing of
authority or by any other way of compulsion,
(b) Who retains a person, by any such ways, either a male or a female without
his/her consent in a brothel, shall be punished by a period of punishment not
less than one year and not more than five years and a fine not less than one
hundred to five hundred pounds.
penalizes any person who promotes or facilitates immorality or
prostitution." The Criminal Code of Kuwait prohibits inducing
or assisting a male or female to commit acts of lewdness and
prostitution. The Criminal Codelof Lebanon prohibits forcing
a female by means of misrepresentation, violence, threat, undue
influence, or duress into acts of prostitution," and the
procurement of a female under the age of twenty-one." 2 The Criminal
Code of Morocco prohibits soliciting for the purposes of
prostitution,"3 and aiding, assisting, or protecting the prostitution of
others.9 4 The Code also prohibits enticing a person into
prostitution or serving as an intermediary between persons engaged
in prostitution and those who exploit or remunerate the
prosti89. See CRiM. C., art. 639 (Iran). Article 639 states that the following people are
subject to imprisonment:
(A) A person who founds or administers a place of immorality or prostitution;
(B) A person who promotes or facilitates immorality or prostitution.
Note - If, in addition, the designation of procurement applies to the above,
the perpetrator will be sentenced to the punishment for procurement, in
addition to the above-mentioned punishment.
90. See CRIM. C. art. 200 (Kuwait). Article 200 states:
Whoever induces a male or a female to commit acts of lewdness and
prostitution, or assists to commit these acts by any means, shall be subject to
imprisonment for a period of time that does not exceed one year, and a fine that does
not exceed one thousand Dinars or by either penalty. If the victim is less than
eighteen years old, the penalty shall be imprisonment for a period of time not
to exceed two years, and a fine not to exceed two thousand Dinars, or be
91. See CRIM. C., art. 524 (Leb.). Article 524 states:
[A] person shall be sentenced to imprisonment for at least a year and fined for
no less than two hundred Pounds if he induces a women or a girl who has not
reached the age of 21, even with her consent, or a woman or a girl who is over
the age of 21, using misrepresentation, violence, threats, or influence or other
means of duress.
92. See id.
93. See CRIM. C. art. 498 (Morocco). Article 498 states:
...unless the act constitutes a more serious offense, any person who
knowingly commits any of the following acts shall be punished by imprisonment for
six months to two years and a fine of 250 to 10,000 Dirhams.
94. See id. art. 498(1). Article 498(1) states that punishment is applicable to
anyone who "[a] ids, assists, or protects the prostitution of others or the solicitation for the
purposes of prostitution." Id.
95. See id. art. 498(
). Article 498(
) states that punishment is applicable to
anyone who "[e] ngages, entices, or supports a person for the purpose of engaging in
prostitution or debauchery, or delivers a person into prostitution or debauchery,
notwithtution. 96 In Sudan, the act of inducing or assisting another to
practice prostitution is similarly prohibited.9 7 The Criminal
Code of Tunisia prohibits procuring,9 8 including aiding,
protecting, or assisting in the prostitution of others. 99 In Turkey, the
Criminal Code prohibits seducing a virgin by falsely promising to
marry her.l" ° The Criminal Code of the United Arab Emirates
prohibits inducing or enticing a male or female into
Living on the profits of prostitution is also prohibited. In
Bahrain, for instance, the Criminal Code prohibits living off the
money transacted in one's own prostitution or in the
prostitution of another. 1 2 Similarly, in Iran, the Criminal Code
prohibstanding the consent of such person and notwithstanding that such person is of legal
96. See id. art. 498(
). Article 498(
) states that punishment is applicable to
anyone who "[s]erves as an intermediary, in any capacity whatsoever, between persons
engaging in prostitution or debauchery and individuals who exploit or remunerate the
prostitution or debauchery of others." Id.
97. See CRIM. C., art. 156 (Sudan). Article 156 states:
[w]hoever seduces any person by inducing or taking, or assists in the taking or
abduction of such a person, or hires him to commit the offence of adultery or
homosexuality or practicing prostitution or gross indecency or obscene acts,
or acts contrary to public morality, shall be punished with whipping not
exceeding 100 lashes or with imprisonment for a term not exceeding five years,
and if the person so seduced is a minor or a person of unsound mind, or if the
exercise of any such acts is intended to be committed outside Sudan, he shall
be punished with whipping not exceeding 100 lashes and with imprisonment
for a term not exceeding seven years.
98. See CraM. C. art. 232(
) (Tunis.). Article 234(
) states that punishment is
applicable to anyone who "[e]ngages, entices, or supports a person for the purpose of
engaging in prostitution or debauchery, or delivers a person into prostitution or
debauchery, notwithstanding the consent of such person and notwithstanding that such
person is of legal age." Id.
99. See id. art. 232(1). Article 232(1) states that punishment is applicable to
anyone who "[i]n any manner whatsoever, knowingly aids, protects, or assists the
prostitution of others or the solicitation for the purposes of prostitution." Id.
100. See CrM.C. art. 423 (Turk.). Article 423 states: "[w]hoever seduces a virgin
by saying that he will marry her and deflowers her will receive from six months to two
years imprisonment." Id.
101. See CRIM. C. art. 363 (U.A.E.). Article 363 states that punishment is applicable
to anyone who:
...induces a male or a female or entices him or her by any means to commit
lewdness or prostitution or assist him to do so, shall be imprisoned for a
period not less than a year and a fine. If the age of the victim is less than 18, he
shall be imprisoned for a period not less than two years and fined.
102. See CRIM. C., supra n.86, art. 326. Article 326 states:
FORDHAM INTERNATIONAL LAWJOURNAL
its living on income derived from prostitution and encouraging
or protecting persons in the performance of prostitution. 1°3
Likewise, living on the earnings of another's prostitution is
prohibited under the Criminal Code of Kuwait. 10 4 Living off the
money transacted during prostitution is also prohibited under
the Criminal Code of Lebanon." 5 In Morocco, sharing the
profits from the prostitution of others1 6 and living with a person
([a..] prison sentence for no more than 5 years shall be the penalty for:
(1) Every person, whether a male or a female, who totally or partly relies in his
livelihood on what he earns from engaging in prostitution or immorality.
(2) Every person who totally or partly relies in his livelihood on what others
earn from engaging in prostitution or immorality through his influence or
authority thereupon or by encouraging them to indulge in prostitution or
immorality, whether this is achieved by obtaining his funds with his consent and
without consideration, or by obtaining such funds as a tribute in consideration
of providing protection, or in consideration of not causing any harm thereto.
) Every person who protects another engaged in immorality or prostitution
in consideration of a benefit of whatever kind.
103. See CRIM. C., supra n.89, art. 213. Article 213 states:
(I) The following persons will be sentenced to prison from 6 months to two
(1)Whoever is partially or totally living on income derived from
(2)Persons protecting or encouraging prostitutes to engage in their
(II) Persons encouraging or facilitating the travel of women abroad even with
their consent to engage in prostitution, will be imprisoned from one to three
If the woman in question is below 18, the offender will receive maximum
104. See CRiM. C., supra n.90, art. 202. Article 202 states:
[W]hoever, a man or a woman, derives his or her livelihood, totally or
partially, on the earnings of another person from practicing lewdness and
prostitution, by influencing or controlling, or seducing them to practice lewdness,
either by receiving their money by consent, and without consideration, or
receiving their money by bullying in return for protection or not assaulting
them, shall be punished by imprisonment for a period of time not to exceed
two years, and by a fine not to exceed two thousand Dinars or by either
105. See CrIM. C., supra n.91, art. 527. Article 527 provides:
... a person who does not have ajob due to the fact that he relied on making
a living, totally or partially, through the prostitution of another, shall be
subject to imprisonment from six months to two years, and a fine from twenty
thousand to two hundred thousand Pounds.
106. See CRIM. C., supra n.93, art. 498(2). Article 498(2) prohibits a person from
regularly engaged in prostitution is prohibited under the
Criminal Code.107 The Criminal Code of Oman penalizes any person
who lives partly or wholly on the proceeds of prostitution.'
Dependence upon the earnings from a female's prostitution for
one's livelihood is similarly prohibited under the Criminal Code
of Qatar.' °9 The Criminal Code of Syria also prohibits living on
the profits of prostitution.11 The Criminal Code of Tunisia
prohibits sharing in the money transacted during the prostitution of
Maintaining a brothel also constitutes a criminal offense.
For example, the Criminal Code of Algeria prohibits keeping,
managing, causing to operate, financing, or contributing to the
financing of an establishment for the purpose of prostitution. 2
sharing "in any manner whatsoever, in the profits from the prostitution of others or
receiv[ing] subsidies from a person regularly engaged in prostitution." Id.
107. See id. at 498(
). Article 498(
) prohibits a person from "liv[ing] with a
person regularly engaged in prostitution." Id.
108. See CRIM. C. art. 221 (Oman). Article 221 states:
[A] person shall be imprisoned from three months to three years and fined
from twenty to a hundred Riyals, if he depends in his living, totally or partially,
on the earnings of others from practicing lewdness or prostitution under their
protection or by their influence.
109. See CRiM. C. art. 207 (Qatar). Article 207 states:
... every male who depends in his living, totally or partially on what a female
earns from prostitution with knowledge thereof, shall be subject to
imprisonment for a period not to exceed a year, and a fine not to exceed one thousand
Riyals or both penalties.
110. CRIM. C., Law No. 10, art. 5 (Syria). This Law states that:
... [o]ne who enters another into the United Arab Republic or facilitates such
entry to commit prostitution, is subject to imprisonment for a period not less
than a year and not more than five years, and a fine of 100-500 Pounds in the
Egyptian States, and a fine of a thousand to five thousand Pounds in Syria.
111. See CRIM. C., supra n.98, art. 232(2). Article 232(2) prohibits a person from
"shar[ing], in any manner whatsoever, in the profits from the prostitution of others or
receiv[ing] subsidies from a person regularly engaged in prostitution." Id.
112. See CRIM. C., supra n.85, art. 346. Article 346 states that:
...[a] penalty of imprisonment for two to five years and a fine of 1,000 to
40,000 DA shall be imposed upon any person who, while keeping, managing,
causing to operate, financing, or contributing to the financing of a hotel,
furnished house, inn, drinking establishment, restaurant, club, dance club, place
of live entertainment, or related premises, or any other place open to the
public or used by the public, regularly allows or tolerates one or more persons to
engage in prostitution within such establishment or its related premises, or to
seek clients for the purposes of prostitution in such establishment.
Similarly, the Criminal Code of Bahrain prohibits the
establishment or operation of a brothel."' In Egypt, the Criminal Code
penalizes operating or managing a place of lewdness or
prostitution.'1 4 Similarly, renting or offering a house or other premises
to be used for lewdness or prostitution is forbidden."' The
Criminal Code of Oman penalizes anyone who manages or
assists in the establishment of a place of prostitution. 16 Also, the
Criminal Code of Kuwait prohibits establishing or managing a
brothel." 7 The Criminal Code of Qatar prohibits establishing a
place for prostitution."' Finally, the Criminal Code of Sudan
113. See CRIM. C., supra n.8 6, art. 328. Article 328 states:
(1) Every person who establishes or runs premises for purposes of immorality
or prostitution, or assists in any manner in the establishment or running
thereof, shall be liable for a prison sentence of no less than 2 years and no
more than 5 years.
(2) A court judgement shall be passed for the closure of the premises and
confiscation of whatever may be found therein such as properties and
furniture without prejudice to the rights of bonafide third parties.
) For the purpose of this Article, premises used for acts of immorality or
prostitution are such premises that are normally used for indulgence of other
persons in acts of prostitution or immorality.
114. See CRIM. C., supra n.88, Sec. 8.1, art. 10. Article 10 states that "a place which
was used for practicing lewdness or prostitution by a third party is considered to be a
brothel even if the one who practices such transaction therein is one person." Id.
115. See id. Sec. 9.1, art. 14. Article 14 states that those:
...[w] ho advertise, by any way of advertisement, an invitation which includes
seduction to practice lewdness or prostitution or drawing the attention to such
matter, shall be punished by a period of imprisonment not to exceed three
years and a fine not more than one hundred, or either of these two
116. See CRIM. C., supra n.108, art. 222. This Article states that a "person shall be
subject to the same penalty provided for in the previous Article, if he manages a place
for lewdness and prostitution, or assists in its establishment or management." Id.
117. See CRIM. C., supra n.90, art. 203. Article 203 states:
... [w]hoever establishes or manages a brothel for lewdness and prostitution
or assists by any means in its establishment or management, shall be punished
by imprisonment for a period of time not to exceed three years and a fine not
to exceed three thousand Dinars, or by either penalty.
118. See CRIM. C., supra n.109, art. 194. According to Art. 194 of the Qatari
[A]ny person who buys, sells, leases or, by any other means, possesses another
or has the authority to act in his regard, with the intention to use such person
or exploit him for the purpose of prostitution or any other purposes which are
against morals or considered illegal, and with the knowledge of the probability
prohibits running or renting a place for prostitution.1 19
Within the context of prohibiting prostitution-related
activities, trafficking is also forbidden. For instance, the Criminal
Code of Qatar forbids leading a person to engage in sex with
another or enticing that person to reside in an establishment for
the purpose of practicing prostitution, whether in Qatar or in
another country.1 20 In Turkey, the Criminal Code penalizes
anyone who transports a virgin or a woman who has not reached the
age of twenty-one from one place to another for the purpose of
prostitution. 2 ' The Criminal Code of Egypt penalizes any
person who aids the entry of another person into Egypt for the
purpose of practicing lewdness or prostitution. 122 Similarly, the
Criminal Code of Algeria imposes penalties in cases of
international trafficking when the "victims of the offense [are] delivered
into prostitution . . . outside the Algerian territory.' 1 23 The
Criminal Code of the United Arab Emirates prohibits
transporting any person as a slave into or out of the country. 1 24 Finally,
the Criminal Code of Syria criminalizes transporting or
of such usage for these purposes, is subject to imprisonment for a period not
to exceed ten years.
119. See CniM. C., supra n.97, art. 155. Article 155 states as follows:
(1) Whoever runs a place for prostitution, or rents premises or allows their
use, knowing that they are used as a place for prostitution, shall be punished
with whipping not exceeding 100 lashes and with imprisonment for a term not
exceeding five years, and an order may be made for the closing of the
premises or forfeiture thereof.
(2) Whoever is convicted for the second time under the provision of
sub-section (1) shall be punished with whipping not exceeding 100 lashes and with
imprisonment for a term not exceeding ten years together with forfeiture of
) Where the offender is convicted for the third time, he shall be punished
with death or life imprisonment, together with forfeiture of premises.
) In all cases, judgment of forfeiture of the premises shall not be passed
unless the premises are owned by the offender or used with his knowledge.
120. See CiuM. C., supra n.109, art. 205.
121. See CRIM. C., supra n.100, art. 436.
122. See CuM.C., supra n.88, Sec. 11.1 art. 5.
123. See CRIM. C., supra n.85, art. 344(7). The Criminal Code penalizes trafficking
when "[t]he victims of the offense were delivered into prostitution or incited to deliver
themselves into prostitution outside of Algerian territory." Id.
124. See CRIM. C., supra n.101, art. 346. Article 346 of the Code provides:
"Whoever brings into our out of the country any person intending to possess or dispose of,
and whoever possesses or purchases or sells or offers for sale or transacts in any manner
of any person as a slave, shall be punished with provisional imprisonment." Id.
ing the entry of someone into the country to commit
This limited criminal law approach is inadequate in
addressing all aspects of trafficking in persons. Criminalization of the
offense of trafficking in persons should include all forms of
trafficking, whether for the purpose of prostitution, forced labor, or
other forms of slavery. Trafficking in persons should be
recognized as a separate offense. While using existing laws related to
prostitution as a means to prosecute traffickers may be necessary
in the absence of a more comprehensive anti-trafficking
legislation, trafficking in persons must be recognized as a separate
offense. Trafficking must also be recognized as a serious crime. 126
In many Middle Eastern countries, the punishment for
trafficking in persons, as activity related to prostitution, is light. For
example, the Criminal Code of Qatar states:
[A] person who leads a female or attempts to lead her to
practice sex with another person or to entice her to reside in,
or frequently go to, a prostitution establishment with the
purpose of practicing prostitution, whether inside the country or
outside, shall be subject to imprisonment for a period not to
exceed three years, or a fine not to exceed three thousand
Riyals, or both.1 27
According to the Criminal Code of Turkey:
[W] hoever transports from one place to another a virgin or a
woman who has not yet reached the age of twenty-one, for the
purpose of prostitution, even with [the victim's] consent, or
makes use of force and violence or threats, or by using the
influence of their authority, or by fraud on a virgin or a
woman who has reached twenty-one years of age, for the
purpose of seduction or procurement or transportation, will be
sentenced to between one and three years of imprisonment
125. See Law No. 10, supra n.ll0, art. 5. Article 5 states:
Who enters a person or facilitates the entry of such a person into the Republic
of Syria for the purpose of practicing lewdness or prostitution, shall be
punished by a period of imprisonment not less than one year and not more than
five years and fined from one to five hundred Pounds.
and be fined from nine thousand to ninety thousand Liras.' 28
The Criminal Code of Egypt states:
Whoever enters a person or facilitates the entry of such a
person into the Arab Republic of Egypt for the purpose of
practicing lewdness or prostitution, shall be punished by a period
foifveimyeparrissoannmdeantfinneotfrleosms tohnaen toonfeivyeehaurnadnrdednoPtoumnodrse. 1t2h9an
Traffickers must be subject to a serious sentence,
comparable with the gravity of the offense of trafficking. Since the
function of criminal law is primarily to proscribe crimes and
determine punishments for such crimes, providing assistance to
victims of trafficking would ideally require enacting a special
antitrafficking act that protects women and children from all forms
of trafficking. 3 ° As indicated by the 2002 United States
Department of State TRAFFICKING IN PERSONS REPORT ("TIP
REPORT"),' 3 1'very few countries provide for such assistance.
III. THE MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING IN PERSONS UNDER THE UNITED STATES
TRAFFICKING VICTIMS PROTECTION ACT OF 2000 AS
THEY APPLY TO COUNTRIES OF THE MIDDLE EAST
The TIP REPORT contains information on severe forms of
trafficking' 3 2 in only some countries of the Middle East.' 33 The
TIP REPORT places the countries of Bahrain, Iran, Lebanon,
Qatar, Saudi Arabia, Turkey and the United Arab Emirates in
Tier 3.134 These countries do not fully comply with the
minimum standards and are not making significant efforts to bring
themselves into compliance. Only the country of Morocco is
placed in Tier 2 and none of the countries of the Middle East
are placed in Tier L"'
Section 108 of the TVPA sets forth four minimum
standards 136 and seven criteria'3 7 for compliance and Section 110
the purpose of subjection to involuntary servitude, peonage, debt bondage, or
Id. The TVPA merely requires that the TIP REPORT include:
(A) a list of those countries, if any, to which the minimum standards for the
elimination of trafficking are applicable and whose governments fully comply
with such standards;
(B) a list of those countries, if any, to which the minimum standards for the
elimination of trafficking are applicable and whose governments do not yet
fully comply with such standards, but are making significant efforts to bring
themselves into compliance; and
(C) a list of those countries, if any, to which the minimum standards for the
elimination of trafficking are applicable and whose governments do not fully
comply with such standards and are not making significant efforts to bring
themselves into compliance.
Id. See generally Michael R. Candes, The Victims of Trafficking and Violence Protection Act of
2000: Will it Become the Thirteenth Amendment of the Twenty-First Century? 32 U. MIAMI
INTER-AM. L. REv. 571 (2001) (discussing the TVPA); see also Kelly E. Hyland, Protecting
Human Victims of Trafficking: An American Framework, 16 BERKELEY WOMEN'S L.J. 29
(2001) (discussing the TVPA).
133. See TIP REPORT, supra n.36, at 17 (finding that the TIP REPORT does not
provide information on severe forms of trafficking in persons in the countries of Algeria,
Egypt, Iraq, Jordan, Kuwait, Libya, Oman, Syria, Tunisia, and Yemen).
135. See id. The TIP REPORT places the following countries in Tier 1: Austria,
Belgium, Canada, Colombia, Czech Republic, France, Germany, Hong Kong, Italy,
Lithuania, Macedonia, the Netherlands, Poland, Portugal, Republic of Korea, Spain,
Switzerland, and the United Kingdom.
136. See TVPA, supra n.A, Sec. 108. The four standards of compliance are:
(1) The government of the country should prohibit severe forms of trafficking
in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force,
fraud, coercion, or in which the victim of sex trafficking is a child incapable of
giving meaningful consent, or of trafficking which includes rape or
kidnapping, or which causes a death, the government of the country should prescribe
punishment commensurate with that for grave crimes, such as forcible sexual
) For the knowing commission of any act of a severe form of trafficking in
persons, the government of the country should prescribe punishment that is
sufficiently stringent to deter and that adequately reflects the heinous nature
of the offense.
) adds three factors" 8 for the elimination of trafficking in
) The government of the country should make serious and sustained efforts
to eliminate severe forms of trafficking in persons.
The first standard requires the TIP REPORT to examine the
issue of criminalization, i.e., whether a particular country
prohibits "severe forms of trafficking in persons." This standard
requires an examination of two important issues: first, whether the
country has a law specifically recognizing trafficking in persons
as a criminal offense; and second, whether such law prohibits all
forms of trafficking in persons. 13 9 In applying this standard to
countries of the Middle East, the TIP REPORT notes that
countries of Bahrain, 14 ° Iran, 4 ' Lebanon, 142 Morocco, 14 3 Saudi
Arabia, 144 Turkey, 145 and the United Arab Emirates 146 do not have
specific laws against trafficking in persons, but have related laws
that can be used against traffickers. The TIP REPORT makes no
reference to the severity of punishment for trafficking in persons
or related crimes in the countries of the Middle East.
In assessing whether countries of the Middle East protect
and assist victims of trafficking, 147 the TIP REPORT notes that
governments of many of the countries of the Middle East do not
provide for any victim protection and assistance programs.
These countries include: Bahrain, 148 Iran, 149 Lebanon,150
) What measures are reasonable to bring the government into compliance
with the minimum standards in light of the resources and capabilities of the
Qatar,' Saudi Arabia, 152 Turkey 53 and the United Arab
Emirates. "4 The Government of Morocco "provides in-kind support"
to non-governmental organizations ("NGOs"), both foreign and
domestic, who provide services to victims of trafficking.1 55
In inquiring into whether countries of the Middle East
adopt preventive measures to deter trafficking,15 6 the TIP
REPORT notes that governments of countries of the Middle East are
taking limited measures to prevent trafficking in persons. The
government of Morocco, in conjunction with an international
organization, has supported a public awareness campaign on the
problem of child maids.1 57 In an attempt to prevent trafficking,
Lebanon tightly controls the foreign workers entering the
country and there are strict regulations for those who employ foreign
domestic laborers. 158 The government of Qatar supports
programs to raise awareness on the problem of child camel
jockeys. 159 In Bahrain, "in terms of prevention, the government has
not yet taken any action."1 60 In regards to prevention in Iran,
"the government supports keeping youth in schools, but it has
not supported public awareness campaigns."' 6 1 "Government
activities to prevent trafficking in persons have been minimal" in
Saudi Arabia. 162 In Turkey, prevention "efforts thus far have
been limited to a few ad hoc educational campaigns at the local
level."'6 3 In the United Arab Emirates, "the government does
not sponsor prevention efforts."' 64
In inquiring into whether the government investigates and
prosecutes public officials who participate in or facilitate
trafficking,115 the TIP REPORT does not provide any statistics regarding
the numbers of cases prosecuted in the countries of the Middle
East, except in Iran. The TIP REPORT notes that in the countries
of Qatar,"'C Lebanon, 16 7 and Morocco,"'M the governments are
pursuing and investigating cases of trafficking, while the
governments of Bahrain,' 9 Iran, 170 Saudi Arabia, 171 Turkey, 172 and the
United Arab Emirates17" are not taking any steps to investigate
cases of trafficking. For example, the TIP REPORT states that in
Iran, there "reportedly were three trials during the year related
to trafficking. No information is available, however, regarding
details of the trials or their outcomes."
Department of State's COUNTRY REPORTS ON
RIGHTS PRACTICES ("COUNTRY REPORTS") also include a section
on trafficking in persons. 75 The 2001
described the problem of trafficking in the countries of Algeria,
Bahrain, Iran, Kuwait, Lebanon, Libya, Morocco, Qatar, Saudi
Arabia, Turkey, and the United Arab Emirates1. 7 6 In reporting
on the status of severe forms of trafficking in a foreign country,
the COUNTRY REPORTS focus on trafficking in persons as a
violation of human rights.1 7 7 The COUNTRY REPORTS, as required by
Section 104 of the TVPA, must inquire into whether government
authorities are involved in such violations by participating,
facilitating, or condoning such trafficking, and whether the
government respects the human rights of victims of trafficking by
refraining from prosecuting victims of a severe form of trafficking,
and refraining from other discriminatory treatment of such
victims. Section 104 also requires the COUNTRY REPORTS to take
into consideration "whether the government of [a particular]
country recognizes the rights of victims of severe forms of
trafficking in persons and ensures their access to justice."1 7 8
The 2001 COUNTRY REPORTS detail instances of trafficking as
violations of human rights. For example, it is reported that in
Algeria, armed terrorist groups frequently kidnap young women
and hold them captive for weeks at a time, while group members
of work not inferior to those enjoyed by men, with equal pay for equal
(ii) A decent living for themselves and their families in accordance with
the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment to any
appropriate higher level, subject to no considerations other than those of
seniority and competence;
(d) Rest, leisure, and reasonable limitations of working hours and periodic
holidays with pay, as well as remuneration for public holidays.
178. TVPA, supra n.], Sec. 104.
rape them and force them into servitude. 7 9 The COUNTRY
REPORTS indicate that in Bahrain, women working in hotels and
restaurants engage in prostitution. These women "typically are
locked in a communal house when not working. "7 8° In Kuwait, it
is reported that domestic servants are kidnapped "off the street
and temporarily forced ... into prostitution."8'1 The passports
of foreign domestic workers in Lebanon are "confiscated by
recruitment agencies or employers when the workers arrive at the
airport."' 18 2 "Reports of physical and psychological abuse ... are
widespread"' 83 in Morocco. In Qatar, "children age 4 to 15 ...
are used as jockeys in camel races." 18 4 These children "live in
difficult conditions and train on a daily basis to become
riders." 1 5 Foreign domestic servants in Saudi Arabia face
conditions such as "forced confinement, beating and other physical
abuse, withholding of food, and rape. The authorities often
force domestic servants to return to their place of
employment."' 86 In Turkey, "women who attempt to escape their
trafficking often ...[are] beaten, raped, or killed."'8 7 In the United
Arab Emirates, "almost all camel jockeys are under the minimum
employment age. '"188
Meeting the minimum standards for the elimination of
trafficking in persons by the countries of the Middle East requires
reconsideration of governments' policies and initiation of
government programs aimed at prevention of trafficking and
protection of victims of trafficking. This change of policies and
programs is also mandated by the Protocol.
179. COUNTRY REPORTS, supra n.44.
IV. THE UNITED NATIONS PROTOCOL TO PREVENT,
SUPPRESS AND PUNISH TRAFFICKING IN PERSONS,
ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE
CONVENTION AGAINST TRANSNATIONAL ORGANIZED
CRIME: WHAT COUNTRIES OF THE MIDDLE EAST MUST DO
TO COMPLY WITH THE TRAFFICKING PROTOCOL
The Protocol mandates that States Parties take the necessary
measures not only to criminalize the offense of trafficking, but
also to prevent trafficking and protect the victims of
trafficking."' This comprehensive approach has yet to be fully
embraced by the countries of the Middle East.
As previously indicated, criminal and penal codes of the
countries of the Middle East criminalize trafficking as a
prostitution-related activity. To comply with the Protocol, domestic laws
of the Middle Eastern countries must specifically prohibit
trafficking and criminalize all forms of trafficking, as defined by the
Protocol. Few Middle Eastern countries also criminalize forms
of trafficking other than prostitution.
On the level of prevention, the Protocol calls on States
Parties to "establish comprehensive policies, programs and other
measures . . . to prevent and combat trafficking in persons." 19 °
As the TIP REPORT indicates, few countries of the Middle East
have such programs.
The Protocol specifically calls on each State Party to
"consider adopting legislative or other appropriate measures that
permit victims of trafficking in persons to remain in its territory,
temporarily or permanently, in appropriate cases,""' giving
"appropriate consideration to humanitarian and compassionate
factors." 192 Traditional immigration laws of Middle Eastern
countries, however, consider alien victims of trafficking to be violators
of immigration laws. Aliens who are prostitutes or who have
engaged in prostitution are considered "prohibited immigrants"
and are subject to deportation. This is the common approach in
most countries today.193 In 2002, the Egyptian police deported
189. See text of Preamble to the Protocol, supra n.4.
190. Id. art. 9(1)(a)(b).
191. Id. art. 7(1).
192. Id. art. 7(2).
193. The approach that leads to deportation of alien victims of trafficking similarly
applies in the following countries: Zambia (see Sec. 22 of the Immigration and
Deportation Act of Zambia); Uganda (see Sec. 8 of the Immigration Act of Uganda); Tanzania
more than ninety foreigners suspected of involvement in
prostitution. Most of them were women believed to be from Eastern
Europe, who were arrested in Sinai.' 9 4 In Algeria, foreign
nationals who work as prostitutes or in related activities, are
deported. Under Article 20 of the Decree No. 66 of 1966
regarding the status of a foreigner in Algeria, an alien may be deported
should he or she commit a crime punishable by imprisonment.
An alien is allowed a period of forty-eight hours to fifteen days to
leave the country. 9 The Penal Code of Bahrain provides that if
an alien, whether male or female, is convicted by a court order
of any of crime involving prostitution, the judge may order
deportation of the alien.' 9 6
Compliance with the provisions of the Protocol would
require countries of the Middle East to reconsider, in the
appropriate cases, traditional immigration rules of deportation. The
deportation rule should yield to the important policy of allowing
victims of trafficking some kind of residency status that would
enable them to testify against their traffickers.
In December of 2002, the 1990 International Convention
on the Protection of the Rights of All Migrant Workers and
Members of their Families became international law. Under the
Convention, migrant workers are free to leave their country of
(see art. 10 of the Tanzania Citizenship Act); Swaziland (see Sec. 9 of the Immigration
Act of Swaziland); Sri Lanka (see Sec. 31 of the Immigration and Emigration Act of Sri
Lanka); Mauritius (see Sec. 8 of the Immigration Act of Mauritius); Malta (see Sec. 5 of
the Immigration Law of Malta); Ethiopia (see Sec. 3 of the Proclamation Regulation and
Issuance of Travel Documents and Visas and Registration of Foreigners of Ethiopia);
and Zimbabwe (see Sec. 14 of the Immigration Act of Zimbabwe). On the other hand,
the status of victims of trafficking in receiving States has recently changed in some
countries including the United States, Austria, Belgium, Canada, Italy, the Netherlands,
Spain, the Czech Republic, Hungary, and Lithuania, all of which grant a trafficked
victim some kind of residency status. For instance, the TVPA allows temporary residency
to victims of severe forms of trafficking who may be potential witnesses to such
trafficking. Additionally, after three years of the issuance of these victims' temporary visas, the
TVPA grants permanent resident status for up to 5,000 victims of trafficking a year, who
would suffer "extreme hardship involving unusual and severe harm upon removal from
the United States." See TVPA, supra n.1.
194. Egypt Deports 'East EuropeanProstitutes' (BBC News television broadcast, June
27, 2002), available at http://news.bbc.co.uk/l/hilworld/middle-east/2070639.stm.
195. Decree No. 66 of 1966, art. 21 (Alg.).
196. Id. art. 33.
employment. 9 7 No migrant workers will be held in slavery or
servitude, or be required to perform forced or compulsory labor,
and they are entitled to receive the same treatment as nationals
of the country of employment.' 98 The same rights should be
granted to victims of trafficking. Many countries of the Middle
East, which still adopt the Sponsorship Rule, must reconsider its
implication, especially if it entails elements of enslavement and
control. The Sponsorship Rule has been abolished in Saudi
Arabia in accordance with the new Foreign Investment Act, 9 9 but
this applies only to employees who work for a foreign investor
doing business in Saudi Arabia. A recent Saudi Council of
Ministers' Decree explicitly provides that an alien employee is entitled
to keep his travel documents and the travel documents of his
family. The employee also has the right to travel anywhere in
the Kingdom of Saudi Arabia without showing documentation,
as previously required. z0 0 The early Saudi Arabian Instructions
Concerning the Trade in Slave of 1936201 explicitly prohibited
197. International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families, G. A. Res. 45/158, art. 8(l) (1990).
198. Id. arts. 11(1)(2), (25).
199. Foreign Investment Act, art. 9 (2000) (Saudi Arabia).
200. Counsel of Ministers Decree, No. 166 (July, 12, 2001) (Saudi Arabia). The
Decree further provides that the relationship between the employer and the alien
employee must be regulated in accordance with the employment contract and not the
Sponsorship Rule. The Decree also provides that prior approval of the employer is no
longer required for the execution of any transactions, which the alien employee would
like to execute, such as obtaining a driver's license or a telephone line, or buying, or
201. Instructions Concerning the Trade in Slaves (1936) (Saudi Arabia), cited in
BERNARD LEwis, RACE AND SLAVERY IN TH4E MIDDLE EAST: AN HISTORICAL ENQUIRY 167
(1990). Article 1 of the Instructions states:
Inasmuch as the provisions of the noble Shar'ia preclude the enslavement or
purchase of the subjects of countries in treaty relationships, it is accordingly
1. to import slaves from any country to the Kingdom of Saudi Arabia by sea;
2. to import slaves to the Kingdom of Saudi Arabia by land, unless the
slavedealer has a government document attesting that the person imported was
recognized as a slave in the country from which he was imported at the time
when this statute was promulgated;
3. to enslave free persons in the Kingdom of Saudi Arabia;
4. to purchase or own any person imported or enslaved, in a manner in
violation of the foregoing provisions, after the promulgation of this statute.
Any violation of the foregoing provisions shall require the punishment of the
perpetrators, as follows:
1. the liberation and release of the slave;
2. the application of the current customs regulations to the smugglers;
3. severe imprisonment for a term not exceeding one year.
trafficking of slaves. Any system of control or ownership by
virtue of the Sponsorship Rule, must also be abolished. A foreign
worker should be allowed to leave his or her employer whenever
he or she chooses; the worker's travel documents should not be
withheld by the employer; and the worker should have the right
to complain and the right to report to authorities cases of
exploitation or abuse.
This year, the government of Saudi Arabia has required that
any camel jockey should not be less than eighteen years of age or
weigh less than fifty-two kilograms. In the United Arab Emirates,
a September 1, 2002 Decree prohibits the use of children under
the age of fifteen, or children who weigh less than forty-five
kilograms, as camel jockeys.20 2 However, the Emirates Camel Racing
Federation should be sure to enforce the law, since failure to
enforce this prohibition will contribute to the continued
trafficking of children for the use as camel jockeys.
In addition to these measures in countries of destination,
countries of origin should take the necessary preventive
measures to combat trafficking. In the Philippines, for instance, the
1995 Migrant Workers and Overseas Filipinos Act 20 3 provides for
travel advisory and information dissemination so that migrant
workers can be aware of the dangers potentially involved in
working in a foreign country, and prohibits illegal recruitment
of employees working in countries that do not fully protect the
rights of migrant workers. In response to the growing problem
of abuse of domestic servants in the countries of the Middle East,
the government of Bangladesh has banned single, unskilled
females from traveling alone to most counties of the Middle
East.204 The government of Nepal has forbidden Nepali women
202. UNICEFLauds UA.E. Ban on Children as Camel Jockeys, EMIRATES NEWS AG.,
WAM, Sept. 23, 2002. The Decree introduced checks at U.A.E. ports and airports to
ensure that no children are permitted admission into the country if it is suspected that
they are being brought in as cameljockeys. The Decree also introduced strict medical
and health examinations for jockeys at all camel tracks. There is a range of severe
penalties for those who do not adhere to the ban.
203. Act to Institute the Policies of Overseas Employment and Establish a Higher
Standard of Protection and Promotion of the Welfare of Migrant Workers, their
Families and Overseas Filipinos in Distress and for Other Purposes, Act No. 8042 (1995)
[hereinafter Migrant Workers and Overseas Filipinos Act]. See also Dan Gatmaytan,
Recent Development: Death and the Maid: Work, Violence, and the Filipinain the International
Labor Market, 20 HARV. WOMEN'S LJ. 229, 256 (1997) (discussing the Act).
204. See generally Alastair Lawson, Dhaka Discusses Women Migrants (BBC News
telefrom traveling to the Gulf States for work following reports of
sexual and physical abuse, including torture and forced
abortions.2 ° 5
Labor laws should cover domestic service so that domestic
servants are entitled to employment benefits and protection.
This protection should not be denied merely on the basis on the
special nature of domestic work itself. Furthermore, this
protection should not depend on whether the worker is a national or a
foreigner. It is encouraging that the Saudi Arabian Grand Mufti,
the highest Islamic authority in the country, issued a Fatwa on
September 3, 2002, against abuse of foreign labor by Saudi
employers, stating that "blackmailing and threatening [foreign]
labourers with deportation if they refuse the employers' terms,
which breach the contract, is not allowed. ' 21 6 Jordan, along with
the U.N. Development Fund for Women, agreed on a contract
intended to protect the rights of foreign domestic workers in the
country. The contract will protect workers' rights to life
insurance, medical care, rest days, and repatriation. Most
importantly, the contract will protect their right to be treated in a way
that complies with international standards on human rights. 2 °7
Any anti-trafficking legislation must comply with the
international mandate of the Protocol. Only Algeria, Egypt,
Lebanon, Saudi Arabia, Syria, Tunisia, and Turkey have signed the
Protocol, and none of the counties of the Middle East have
ratified it.2 "8 An adequate anti-trafficking legislation in the
countries of the Middle East must shift the focus from linking
trafficking to prostitution, to recognizing all forms of trafficking as
defined by the Protocol. An anti-trafficking legislation must
provide for the appropriate criminal sanctions, which should not
be limited to imprisonment, but should also include confiscation
vision broadcast, Oct. 20, 2002), available at http://news.bbc.co.uk/l/hi/world/
205. Anisha Schubert, Girl Traffickingfor Prostitutionin Nepal (U. of Bremen, 1999),
available at http://www.geocities.com/anishasworld/reports/traffic.html.
206. Saudi Cleric Preaches Workers' Rights (BBC News television broadcast, Sept. 3,
2002), available at http://news.bbc.co.uk/I/hi/business/2232090.stm.
207. Jumana Heresh, UNIFEM Endorses Foreign Domestic Workers' Contract,JORDAN
TIMES, Jan. 22, 2002, available at http://www.amanjordan.org/english/dailynews/
208. U.N. Office on Drugs and Crime, Signatoriesto the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, available at http://www.undcp.org/odccp/
of the assets of the trafficker. On May 22, 2002, a new Egyptian
money laundering legislation recognized prostitution as one of
the crimes the proceeds of which should be forfeited. 2 9 An
antitrafficking legislation must also treat the trafficked person as a
victim of a crime,2 " who is entitled to basic rights, which, the
author believes, should include: the right to safety; the right to
privacy; the right to information; the right to legal
representation; the right to be heard in court; the right to compensation
for damages; the right to medical assistance; the right to social
assistance; the right to seek residence and the right to return. 2 11
Any anti-trafficking legislation must also provide for the
principle of non-criminalization of the trafficked person.21 2 A
traf209. Anti-Money Laundering Law, No. 80, art. 2 (2002) (Egypt).
210. Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of
Power, G.A. 40/34, Annex 40, U.N. GAOR Supp. No. 53, at 214, Sec. A(1), U.N. Doc 4/
40/53 (1985). The term "victim of a crime" has been defined by the Declaration of
Basic Principles of Justice for Victims of Crimes and Abuse of Power as:
[P]ersons who, individually or collectively, have suffered harm including,
physical or mental injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or omissions that are
violations of criminal laws, operative within Member States ...
211. See Mohamed Y. Matter, Establishinga Bill of Rightsfor Victims of Trafficking in
Pesons: How it can Become a Possibility, at www.protechonproject.org.
212. See TVPA, supra ni.1, Sec. 1592. The TVPA, while providing for a penalty of
up to five years imprisonment in cases involving document falsification in furtherance
of trafficking, involuntary servitude, or forced labor, does not apply this rule to the
conduct of a victim of trafficking "if that conduct is caused by, or incident to, that
trafficking." Id. In this context, Section 1592 provides that the following conduct is
unlawful with respect to documents in furtherance of trafficking, peonage, slavery,
involuntary servitude, or forced labor:
(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses
any actual or purported passport or other immigration document, or any
other actual or purported government identification document, of another
(1) in the course of a violation of Secs. 1581, 1583, 1584, 1589, 1590,
1591, or 1594(a);
(2) with intent to violate Secs. 1581, 1583, 1584, 1589, 1590, or 1591; or
) to prevent or restrict or to attempt to prevent or restrict, without
lawful authority, the person's liberty to move or travel, in order to maintain
the labor or services of that person, when the person is or has been a
victim of a severe form of trafficking in persons, as defined in Sec. 103 of
the Trafficking Victims Protection Act of 2000, shall be fined under this
title or imprisoned for not more than 5 years, or both.
(b) Subsection (a) does not apply to the conduct of a person who is or has
been a victim of a severe form of trafficking in persons, as defined in Section
103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused
by, or incident to, that trafficking.
FORDHAMINTERNA TIONAL LAWJOURNAL
ficked person should not be held criminally responsible for
prostitution, illegal entry, presence, or work, if the person was a
victim of trafficking.2 1 3
These principles are consistent with the Qur'anic
legislation, which states:
And force not your maids to prostitution, if they desire
chastity, in order that you may make a gain in the [perishable]
goods of this worldly life. But if anyone compels them [to
prostitution], then after such compulsion, Allah is Oft
Forgiving, Most Merciful [to those women, i.e. He will forgive them
because they have been forced to do this evil action
unwillingly]. 2 1 4
214. HoLy QUR'AN, supra n.31, Sura XXIV:33.
215. 5+5 Dialogue: Ministerial Conference in the Western Mediterranean: Tunis
Declaration, Oct. 16-17, 2002.
216. Arab-African Forum Sexual Exploitation of Children, Rabat, Morocco, Oct.
3. Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, Report of the Ad Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime on the Work of its First to Eleventh Sessions, U.N. GAOR 55th Sess ., Agenda Item 105, U.N. Doc . A/55/383 ( 2000 ), Annex 11 [hereinafter Protocol]. See also id. art. 2 "Statement of Purpose." The Protocol's purposes are: (a) [T]o prevent and combat trafficking in persons, paying particular attention to women and children; (b) [T]o protect and assist the victims of such trafficking, with full respect for their human rights; and (c) [T]o promote cooperation among States Parties in order to meet those objectives . Id . See also Kelly Hyland, The Impact of the Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children, 8 HUM . RTS. BRIEF 30 ( 2001 ).
4. Protocol, supra n.3, Preamble. The Preamble of the Protocol states that: ... effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking including by protecting their internationally recognized human rights ... Id . See generally Anne Gallagher, Human Rights and the New U.N.Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, 23 HuM . RTS. Q. 75 ( 2001 ) (discussing the purposes and different provisions of the Protocol) .
5. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others , Dec. 2 , 1949 , opened for signature Mar. 21 , 1950 , 96 U.N.T.S. 271 , 282 (entered into force July 25 , 1951 ) [ hereinafter 1949 Convention] . Article 28 of the 1949 Convention provides that the 1949 Convention shall supersede the following conventions: International Agreement for the Suppression of the White Slave Traffic , May 18 , 1904 , 92 U.N.T.S. 19 ; the International Convention of the Suppression of the White Slave Traffic , May 4, 1910 , 98 U.N.T.S. 101 ; the International Convention for the Suppression of the Traffic in Women and Children , Sept. 30 , 1921 , as amended by'the Protocol approved by the General Assembly of the United Nations , Oct. 20 , 1947 ; the International Convention for the Suppression of the Traffic in Women of Full Age , Oct. 11 , 1933 , 53 U.N.T.S. 49 . Id. at 289.
15. Protocol , supra n.3, art . 3.
16. 1949 Convention, supra n.5, at 272.
17. Report of the Ad Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime on the Work of its First to Eleventh Sessions: Interpretive Notes for the Official Records (Travaux Preparatoires)of the Negotiation of the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto , A/55/383/Add.1, Sec . 64 ( Nov . 3, 2000 ) [hereinafter Travaux Preparatoires].
18. Id .
19. See Report of the Ad Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime on the Work of its First to Eleventh Sessions, U.N. GAOR 55th Sess ., Agenda Item 105, U.N. Doc . A/55/383 ( 2000 ).
20. Convention Concerning Forced or Compulsory Labour (ILO No. 29) ,June 28, 1930 , 39 U.N.T.S. 55 ( entered into force May 1 , 1932 ).
21. Id . art. 2 ( 1 ).
22. Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, Adopted by a Conference of Plenipotentiaries , Sept. 7 , 1956 , 18 U.S.T. 3201 , 266 U.N.T.S. 3 [hereinafter 1956 Convention].
23. Id . art. 7 ( a ).
29. Travaux Preparatoires,supra n. 17 , at 12.
30. Hague Conference on PrivateInternationalLaw: FinalAct of the 17th Session, Including the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, 32 I.L.M. 1134 , art. 32 ( 1 ) ( 1993 ). Article 32(2) provides that "only costs and expenses, including reasonable professional fees of person involved in the adoption, may be changed or paid." Id. Additionally, "[t]he directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered." Id. art . 32 ( 3 ). But see Kennard, supra n.28, at 623 (criticizing the Article) .
31. HoLy QUR'AN , Sura XXXIII : 4-5 (A. Yusuf Ali trans ., 2d ed. 1977 ).
32. See , e.g., Iranian Act Concerning Protection of Children Without Parents, Art. 1. Article 1 states that: [e]very wife and husband residing in Iran can take care of a child upon mutual agreement and in accordance with approval of the court and pursuant to the regulations and relating to child supervision (adoption) . Id. See also Juvenile Welfare Act ( 1983 ) (Iraq); Child Protection and Welfare Ordinance, art . 2 ( 1985 ) (Libya). Article 2 of this legislation stipulates:
43. John Lopez, New Drive to Win More Jobs for Lankans Abroad , TIMES OF OMAN, June 23 , 2002 .
44. U.S. DEPT OF STATE, COUNTRY REPORTS ON HUMAN RiGi-ITs PRACTICES - 2001 (Mar. 4 , 2002 ), available at http://www.state.gov/g/dr/ris/hrrpt/2001/nea/ [hereinafter COUNTRY REPORTS] (discussing Bahrain) .
45. Alastair Lawson , Dhaka Discusses Women Migrants, BBC NEWS , Oct. 20 , 2002 .
46. COUNTRY REPORTS , supra n.44 (discussing Jordan) .
47. 1956 Convention, supra n. 22 , art . 1 (c)(i)-(iii).
50. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, openedfor signatureNov. 7 , 1962 , 521 U.N.T.S. 231 (entered into force Dec. 9 , 1964 ) [hereinafter Marriage Convention].
55. See PERS. STAT . L. No. 51 , art. 26 ( 1984 ) (Kuwait).
56. See PERS . STAT. Acr, art. 5 ( 1976 ) Uordan) .
57. See PERS . SrAT. C., art. 16 (Syria).
58. See Tamilla F. Ghodsi , Tying a Slipknot: Temporary Marriagesin Iran, 15 MICH . J. INT'L L . 645 , 645 ( 1994 ).
59. See id. at 646.
60. Economic Woes Give Temporary Marriagesa Boost in Iran, AGENCE FRANCE PRESSE, Nov. 3 , 2002 .
61. Id .
62. See ECPAT International (last visited November 2002 ), available at http:// www.ecpat. net (providing relevant statistics and information).
63. Rich Arab Marries 22 Egyptian Women, DEUTSCHE PR . - AGENTUR , Aug . 29 , 2002 .
64. FilipinasSneaked in as Pilgrims to Work in Mid-East, STRAITS TIMES , Nov . 3, 1999 .
65. Alastair Lawson , Dhaka Discusses Women Migrants, BBC NEWS , Oct. 20 , 2002 .
66. HUMAN RIGHTS REPORT ON TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, A COUNTRY BY COUNTRY REPORT ON A CONTEMPORARY FORM OF SLAVERY 175 (2d ed. 2002 ).
67. Iran Busts ProstitutionRing Sending Girls to France and Britain, AGENCE FRANCE PRESSE, May 22 , 2002 .
68. DONNA M. HUGHES , LAURA Joy SPORCIC , NADINE Z. MENDELSOHN & VANESSA CHIRGWIN , FACTBOOK ON GLOBAL SEXUAL EXPLOITATION ( 1999 ), available at http:// www.catwinternational.org (citing International Organization for Migration, European Race Audit Bulletin no. 25 , Institute of Race Relations, London, Nov. 25 , 1997 ).
69. See Rich Arab Marries 22 Egyptian Women, supra n. 63 .
70. Turkey: ForeignProstitutes Raise Fear of AIDS , INTER PRESS SERVICE, July 4 , 1992 .
71. TIP REPORT , supra n. 36 .
72. Kevin Donovan , Sex, Drugs, andBooze Hit Saudi Warftont, TORONTO STAR, Feb . 7 ,
126. The United Nations Convention Against Transnational Organized Crime defines a "serious crime" as "any crime for which the punishment is four years or more of imprisonment . See United Nations Convention Against Transnational Organized Crime , G.A. Res . 55 /25, Annex 1, 55 U.N. GAOR, 55th Sess., Supp . No. 49 , at 44, U.N. Doc . A/45/49 (Vol. 1 ) ( 2001 ).
127. See CRIM . C., supra n. 109 , art. 205 .
128. See CRiM . C., supra n. 100 , art. 436 .
129. See CriM . C., supra n. 88 , Sec . 11 .1, art . 5.
130. Some countries address trafficking as part of separate comprehensive acts. Examples of these acts include: the 1995 Sexual Offenses Act ( 1995 ) (Ant . & Barb .); Criminal Code Amendment (Slavery and Sexual Servitude) Bill (1999), amending the Criminal Code Act of 1995 (Austl .); Women and Girls Act ( 1973 ) (Brunei); Combating Trafficking in Persons and Sexual Exploitation of Children Law , No. 3 ( 1 ) ( 2000 ) (Cyprus); Suppression of Immoral Traffic in Women and Girls Act ( 1956 ) (India); Child Trafficking and Pornography Act , No. 22 ( 1998 ) (Ireland); Women and Girls Protection Act ( 1949 ) (Lesotho); Women and Girls Protection Act ( 1973 ) (Malay .); Sexual Offenses Act ( 1947 ) (S. Mr .) ; Prostitution Prevention and Suppression Act , B.E. 2514 ( 1996 ) (Thail .); TVPA, supra n.1.
131. See TIP REPoRT, supra n.36, at 3.
132. See id.. See also TVPA supra n.1 , at 1470. The TVPA requires that the Secretary of State submit a report with respect to the status of "severe forms of trafficking in persons." Id. The TVPA defines "severe forms of trafficking" as: (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for
138. Id . Sec. 110 ( 3 ). Section 110 ( 3) of the Act lists three factors that must be taken into consideration when determining whether or not the government of a country is making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking. These factors are: (1) The extent to which the country is a country of origin, transit, or destination for severe forms of trafficking; (2) The extent of noncompliance with the minimum standards by the government and, particularly, the extent to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise complicit in severe forms of trafficking; and
139. See id. at 1480.
140. TIP REPORT , supran.36, at 26 ( stating that in Bahrain, "[t]he Penal Code does not specifically prohibit trafficking in persons.").
141. Id . at 62 (stating that "Iranian law does not specifically prohibit trafficking in persons; however, there are other statutes that could be used to prosecute traffickers.").
142. Id . at 70 (discussing that "Lebanon does not have legislation criminalizing trafficking in persons" ).
143. Id . at 77 (stating that in Morocco, "[n]o law specifically prohibits trafficking; however, the government utilizes a number of other statues to prosecute traffickers.").
144. Id . at 89 (explaining that in Saudi Arabia, "[t]here are no laws specifically related to trafficking").
145. Id . at 103 (stating that "Turkey has no law against trafficking" ).
146. Id . at 106 (explaining that "[t]he United Arab Emirates does not have a law criminalizing trafficking in persons" ).
147. TVPA, supra n.1, Sec . 108 ( b)(2).
148. TIP REPORT , supra n. 36 , at 26 ( explaining that in Bahrain, "[t]he government does not provide assistance to victims").
149. Id . at 62 (stating that in Iran, "[t]he government has not undertaken any measures to protect victims of trafficking" ).
150. Id . at 70 (explaining that in Lebanon, "[t]he government does not provide foreign workers with relief from deportation, shelter or access to legal, medical or psychological services" ).
176. The COUNTrRY REPORTS provides little or no information on the countries of Egypt , Iraq, Jordan, Oman, Syria, Tunisia, and Yemen.
177. International law provides specific provisions on universal human rights, which can be found in the following three pieces of international law: the Universal Declaration of Human Rights G.A. Res. 217A (1I1)(A), U .N. GAOR, 3rd Sess., at 71, U.N. Doc . A/810 (Dec. 10, 1948 ); the International Covenant on Economic, Social and Cultural Rights ("ICESCR" ), Dec. 16 , 1966 , 993 U.N.T.S. 3 , 6 I.L.M. 360; and the International Covenant on Civil and Political Rights ("ICCPR" ), Dec. 16 , 1966 , 999 U.N.T.S. 171 , 6 I.L.M. 368 . The Universal Declaration of Human Rights provides in Article 4 that "[n]o one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms." Id. The ICESCR provides in Article 7 that: ... [the] present Covenant recognizes the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions