Human Trafficking and the Limits of Criminal Law Enforcement for Protecting Immigrant Workers

• In Event: 386 - Section on International Migration Paper Session. Migration and Human Security in Global Perspective

Abstract

Turkey has long been a transit site for irregular migration, with people entering the country from other Middle Eastern countries, countries in northern Africa, and from Eastern and Central Europe. But it has recently become a country of destination for many of these migrants who seek employment opportunities. Policy makers and advocates have stressed the vulnerability of many of these irregular migrants to human trafficking. The Turkish government has increased its anti-trafficking efforts, most recently passing the Law on Foreigners and International Protection, which began implementation in April 2013. This law was designed to formalize migration management and to development a civilian regime of ensuring certain rights for migrants. However, these efforts may in fact be making it more difficult for many migrants to independently enter Turkey without concurring substantial debt, or to earn money outside the apparatuses of organized crime, all of which can actually increase their vulnerability to trafficking. These efforts also limit the opportunities for trafficked migrants to claim rights and receive protection. In this paper, we analyze the changing legal terrain and shifting labor migration flows of migrants to Turkey. We argue that domestic and international policies designed to curb human trafficking may in fact be causing immigrants to be more vulnerable to traffickers. We use data collected from fieldwork among NGOs and government officials implementing counter-trafficking policy, as well as analyses of laws and policy reports. Our findings inform the labor exploitation theoretical framework of human trafficking that we have proposed in earlier research.

Authors

• Stephanie J. Nawyn, Michigan State University

• Nur Banu Kavakli Birdal, Istanbul Kemerburgaz University