“Migration the cause of human trafficking and the effects on policy changes in Peru and Ecuador” José Antonio Hidalgo Molina Jairo Andrés Muñoz 1 “Migration the cause of human trafficking and the effects on policy changes in Peru and Ecuador” Table of Contents Abstract ............................................................................................................................... 3 Key words ........................................................................................................................... 3 From China to Latin America ............................................................................................. 3 Chinese Presence in Ecuador .............................................................................................. 7 Chinese Presence in Peru .................................................................................................... 8 The Case of Trafficking Ecuador ........................................................................................ 9 The Case of Trafficking Peru ............................................................................................ 11 Do Migration Policies Influence Human Trafficking? ..................................................... 13 Conclusion ........................................................................................................................ 19 Bibliography ..................................................................................................................... 21 Annex ................................................................................ ¡Error! Marcador no definido. 2 Abstract This paper seeks to explain the correlation between the immigration policies in Ecuador and Peru and the adverse effect it has on human trafficking principally involving Chinese citizens. With a population of 1.4 Billion people, China is the most populous country on earth. With a steady growing population, the country faces the problems that any other developing country faces, poverty, corruption, lack of natural resources, inequality, and immigration. The opening up of the country in the early 1980’s saw a boom in the migration of people from the rural areas to the urban sectors, the effects of this were the creation steady flow of migrant workers into cities bringing with them disparity and necessity. The same kind of migration can be reflected in the Chinese wave of immigrants going abroad especially to the Americas, Europe, and other parts of Asia. The categories of these immigrants vary between people tourist, businessmen others are true immigrants seeking a better life. The high influx of people leaving China has pushed some countries to create restrictions and regulations, regarding the number of Chinese people that can obtain visas to travel to these countries. In turn, these restrictions have led the path for the human trafficking of Chinese nationals wanting to get into these countries without the legal paperwork. Key words Immigrants, migrants, human trafficking, modern slavery, human smuggling, hard migration policy, open doors migration policy, irregular proposals, Peru, Ecuador. From China to Latin America With advent of globalization the past 30 years has closed the territorial gaps and brought the world closer than it has ever been. Trade agreements, the Internet, advancements in transportation and technology, and the mass mobilization of people have contributed to the intertwined nature that now surrounds all. With this have come the positive and negative 3 effects that closeness with the unknown can bring. The movement of information, goods, technology, and people has seen a dynamic of change to countries that have never experienced the variety of the world market; this is especially true for developing countries that have seen a surge of external influences that they have never felt before. Nevertheless, no country has benefited more from this global revolution than China and its export oriented economy. The influence China exerts on the world right now is a palpable through its influx of products in all areas of the market. Chinese companies find part of this influence in investing in key areas like mining and oil in foreign countries creating the infrastructure that of these lack thereof. The bulk of these investments take part in Africa and Latin America where the majority countries are natural resource rich, a driving factor in the rapid Chinese development. The investment brought by the Chinese companies not only stops at the financial part, it also brings human resources with them, Chinese companies usually employ all Chinese staff, what this does, is create a demand for Chinese workers abroad. With the free movement of goods and money also comes the movement of humans. Immigration has increased by outstanding numbers in the past couple of years, humans have moved from the countryside to cities, and from cities to different countries, there is no country or place in the world unreachable by man now. This free movement has allowed for the growth of what is now human trafficking an adverse issue facing many countries today especially China, who faces trafficking within and outside its borders. The UN defines human trafficking from the Palermo Protocol in two parts. First, “recruitment, transportation, transfer, harboring or receipt of persons” by “the use of force or other means of coercion" with the “purpose of exploitation", then it goes on to mention that a person can be qualified as trafficked even if there was consent to begin with. Any person that is involved in any of the activities that the protocol considers as trafficked needless if they ever consented to the situation is considered a trafficked victim. In this aspect human smuggling falls under the category of trafficking as smuggling is part of the process of being trafficked as is a process of been trafficked. Here forth smuggling and trafficking will be used synonymously. 4 "Trafficking in persons" shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or a position of vulnerability or of the giving or receiving payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs...” 1 When taking the definition giving by the UN, the migration of Chinese mainland citizens to other countries can fall into many of these categories. China’s involvement in Latin America is part of a more general government policy known as Zǒuchūqù 走出去(“Going Out”). In the instance of Ecuador and Peru, it is well known that cases of human trafficking have to do with the exploitation of workers by Chinese firms operating in these countries. These companies do not hire local workers instead they rely on Chinese labor for work; this has been an issue because it affects the local economy by not contributing much to it. The brining of Chinese workers has also brought the exploitation of them; some workers are put into inhumane conditions, rarely paid, and even abused. There have been instanced where woman are brought from China, in order to satisfy the sexual needs of the workers who usually do not leave the compound in which they live in and socialize with the locals. This bringing of woman can also fall into trafficking these women are smuggled into work in these camps as sex workers. Once they arrive their documentation is taken away leaving them, vulnerable to the people that brought them there. One of the great contributing factors that affect why people are trafficked are the immigration policies implemented by different countries. Some countries facilitate the 1 http://www.palermoprotocol.com/general/the-palermo-protocol 5 immigration others push for more rigorous requirements in order to obtain a visa to that country. When this happens people resort to falsification of documents, subordination, threats, and human trafficking. This is especially true in Ecuador and Peru where immigration policies have influenced illicit movement of Chinese citizens victims from South and East Asia were widely detected across the Americas, accounting for about 28 percent of victims in North America, Central America and the Caribbean and about 10 per cent in South America2. The trafficking of human beings is a non-traditional issue, the reason being that it pushes and abuses the basic rights of all human beings. It is exploitation of a human being. In this case the exploitation of Chinese citizens (See figure 1). Figure 1.- Origin of victims trafficked to South America, as proportion of the total number of victims detected in the sub region, 2007-2010. 2 http://www.debate.com.mx/eldebate/movil/Articulo.asp?IdArt=7032774&IdCat=6087 6 Chinese Presence in Ecuador In order to determine the presences of Chinese overseas in Ecuador two sources have been analyzed; the International Organization for Migration (IOM) census and the Ecuadorian Migration Authority census. The Chinese overseas in Ecuador are estimated in a range from 2,500 to 25,000, which mainly consist in Yunan and Han descendants. In addition, Chinese overseas are notorious particularly in the coastal commercial areas of El Oro province, Quevedo city, Cuenca city and Guayaquil city. According to the Ecuadorian Migration Authority on 2001 Census, it was determined around 1,214 Chinese overseas in Ecuador with an approximate number of 645 Chinese immigrants that arrived each year. Thus, in 2012 it was projected approximately 7,095 Chinese in Ecuador, all these without mentioning the Chinese-Ecuadorian descendants, this number have not being estimated yet. However, the International Organizing for Migration (IOM) determines the existence of 4,009 Chinese migrants in Ecuador (See figure 2). Figure 2.- Outward migration from China to Ecuador (IOM, 2010) 7 Chinese Presence in Peru The migration of Chinese overseas to Peru started in the beginning of 1848, when the Peruvian Government decided to import Chinese contract labor, due to the end of black labor after the government declared slavery illegal. Most of these workers were assign to work in the sugar plantations located in the northern coast while a few were designated to high –risk jobs like mining and a railroad line building through the Andes mountains. The continuation of Chinese immigrants happened through law called “The Law of China” where over 100,000 Chinese came to Peru during the years of 1848-1880. In the census of Lima conducted in 1931 the Chinese ethnic population of the country ranged in the numbers of 341,000. The next big wave came in the 1970’s with 42,000. In both instances, the greatest percentages were those of males or the head of the family; eventually these became Peruvian citizens and started asking for their families creating a true family community. One generation after the arrival of these Chinese, most of their decedents became half Peruvian and started to ascend in the economic ladder. The majority of them developed manufacturing and wholesale/ retail businesses. Nowadays, many of the most important Chinese Overseas are found in Peru they have activated part of the economy in this country and occupied high rank positions. For a brief example, we can mention the following: 1. Erasmo Wong (Peruvian entrepreneur, owner of the franchise of Wong Supermarket). 2. Jose Antonio Chang Escobedo (Ex- President of the Council of Ministers and ex- Ministers of Education in Peru). 3. Nelson Chui (Ex president of the Region Lima). 8 4. Alejandro Chu Barrera (Peruvian Archaeologist). The Peruvian Migration Authority Census of 2011, found around 3,240 foreigners Chinese residents in Peru, and it is estimated around 1,300,000 Chinese Peruvians3. Nevertheless, according to the International Organization for Migration (IOM) census around 2,683 Chinese migrants exists (See figure 3). Figure 3. -Outward migration from China in Peru (IOM, 2010) The Case of Trafficking Ecuador 3 Rodríguez, Humberto (2000). Herederos del Dragon. Historia de la comunidad china en el Perú (Dragon heirs: History of Chinese Community in Peru), Lima, Fondo Editorial del Congreso de la República (Lima, Editorial Found of the Republic Congress). 9 The country of Ecuador one of the prominent growing players in the South American region lies between Colombia and Peru. In the past years Ecuador has been a hotbed for the trafficking of humans, especially those using the country as a trampoline to jump to other countries. This is significant because many Chinese immigrants come into Ecuador either legally or trafficked, and then either stay to work or are trafficked out of the country again to neighboring regional countries like Colombia, Venezuela, Peru, Argentina, Brazil, and the United States. Several cases have been found of Chinese immigrants coming into the country legally, arriving by plane and then using the country as push off point, to then, be trafficked to other countries. The biggest phenomenon of this was seeing in 2008 when the current President Rafael Correa pursued an open door policy to all countries, including China. The effect of this was a flooding of Chinese citizens into Ecuador. Who then would use it as a jump point to migrate illegally and get smuggled into different countries the major one being the United States. During the 6 months period, the policy stood at least 10,000 Chinese immigrants came to Ecuador with about only 3 out of 10 staying. In an effort to curb this, the Chinese Ambassador to Ecuador plead the government to reinstate policies back since many countries were complaining about the increase of illegal immigration to their countries because of Ecuador’s policy. Currently immigration policies towards Chinese citizens by the Ecuadorean government have become more lenient for investors and mature tourist looking to discover or get to know Ecuador. Some of the people involved in trafficking arrive to the country legally this can be done by falsifying documents and receiving a visa. Yet, cases having to do with human smuggling are not strange. In August 2014 in the city of Guayaquil 28 Chinese citizens were found living in two rooms, mostly women and kids waiting to be transported to the United States. The way they do it is by been trafficked to a neighboring country where they can obtain false documents and then travel from there to the United States“ In Tulcan a city that borders Colombia in October 2014 were found 17 Chinese citizens who wanted to cross illegally to Colombian territory. In this operation, a Chinese citizen was arrested Chen Shu Hong who had with him 23 Chinese passports and 10,000 dollars in 10 cash”. Other cases have involved coastal guards catching boats full of Chinese wanting to leave to Ecuador to reach Central America, or planes piloted by Central American citizens loading illegal Chinese immigrants in order to take to Mexico and then jump to the United States. These Chinese who seek a better life in the United States or other countries usually pay with the price of endured servitude or modern slavery. The passage from Ecuador to the United States is in the range of 70,000 dollars, which the victims do not pay up front, but pay with years of servitude to someone in their final destination. The cost to other countries not apart from the United States can run in the thousands of dollars. Women usually pay their debt by being forced into prostitution instead of other means of paying their debt, something that is hard to get out after they become involved, since they become property and an asset to the owner. The Case of Trafficking Peru The biggest Chinese Diaspora in Latin America lies within the borders of Peru. With an already solid population of Chinese, the incentive to travel here from Mainland China lends to the extensive trafficking network established already. A peculiar thing about Chinese abroad is that they tend to stick together bringing family members to where they are, once they are established. The perfect example of this tight knit community bond is the China towns in major cities all over the world, this niche outside China constituting of only Chinese nationals. This contributes to the creation of mafia’s who exploit the communities for their own benefits. In the past years Peruvian authorities have found an extensive network of trafficking relating to the mafia group called The Red Dragon who’s business practices include, drug trade, extortion, human trafficking, and other illicit activities. They take advantage of the strong number of Chinese living in Peru and exploit them in many different ways; one of these is providing “security” for them and the other providing them with Chinese workers or bringing in their family members. When the latter of these happen it usually involves trafficking. 11 Recently the Peruvian government has found a number of illegal Chinese immigrants working for Chinese mining companies. A correlation that might have to do with the Mafia established networks of trafficking and the facilitation of bringing in these Chinese workers. “Reports of corruption, lack of transparency and violations of labor and environmental regulations within Chinese mining ventures (Peru), petroleum refineries (Costa Rica), oil deals (Venezuela), and other large-scale investment projects have emerged. There is also some evidence of ties between ethnic Chinese networks and smuggling operations— mafia-like groups that provide “protection” to compatriots, human traffickers and other illegal activities”4 In an interview in 2014 with the ex-Consul General to Peru in Beijing, he mentioned the increasing cases of illegal Chinese immigrants working for Chinese companies. The biggest of these are found in the mining sector where these companies are most active. In handling illegal immigration, the consul mentioned several steps he takes to curb this immigration. For instance, he reviews every solicitation for a visa by hand observing the number of visas from different countries if a solicitor has a visa from the United States, the United Kingdom, and Canada it means that this person has a history of being a reliable traveler. In other instances where the solicitor has no visa from these countries a more thorough inspection is warranted since they have no history of traveling. The recurring finding of falsified documents lends to the conclusion of illegal immigration. If people are willing to falsify documents, then they are willing to go to the next step and be trafficked. Groups usually specialize in falsifying documents relevant to each country, they provide translators, guidelines, and ways to beat the system and obtain a visa. It would not be far 4 http://www.americasquarterly.org/Armony 12 fetch to say that these people can also be the ones to facilitate illegal immigration in case no visa is obtained. Do Migration Policies Influence Human Trafficking? Hard Policy vs. Open Door Policy Do migration policies implemented by different countries influence the flow or rate of human trafficking? To begin, we have to define what constitutes a hard policy vs. and open door policy in the context of migration and human trafficking. To begin with “Hard migration policies” can be said or defined as a policy that constitutes rigorous bureaucratic paper work followed by a personal interview with the General Consulate, being this, one of the key factors to gain the visa entrance. This implies that the applicant present themselves in person to the consulate and be interviewed by the consulate staff. The hassles this can brings can deter people from applying or can lead be people to do things illegally like hiring someone else to receive the visa for them, participate insubordination or hire a local middle man to handle the process for them. Many people profit from this by offering this services to people, these people are also usually the ones in charge of sending inhabitants from China abroad illegally hence participating in human trafficking. Different from a hard policy “open doors migration policies” are defined as none rigorous paper work, leaving no need for an interview, changing the General Consulates role from being the judge to just work as a notary. This is much easier for a person seeking to travel to do the main part is just submitting the correct documents, and the probability of obtaining a visa is high accounting that all paperwork is in line with the requirements. Countries with open door policies have seen greater request for people wanting to traveling, leading to an increase in the execution of visas, an ultimately more travelers to those countries. This can also lead to negative results increasing human trafficking. The reason is that people that travel to open door policies countries legally, on a high percentage they tend to jump to 13 another country as final destination illegally as we just saw in the analysis of the Ecuadorian case of 2008. From the beginning of the research, the countries chosen were Peru as the country to begin with due to its overwhelming Chinese influence and population. Ecuador second because of its unique 2008 open door immigration policy that allowed many Chinese immigrants come in. The case studies here forth mentioned will help to shed a conclusion on the immigration factors that affect human trafficking. Also, if migration policies by different countries have a positive or negative effect on the illicit trade of human trafficking. To further the research we approached several diplomatic authorities in the Beijing representing their countries be it Ecuador or Peru. We chose to target two different kinds of groups in order to get an overall view on the situation as both have to do with immigration, one from the political and the other from the economic standpoints of view. In the public sector, we interviewed diplomatic authorities ; The General Consulate to Peru in Beijing, the General Consulate to Ecuador in Guangzhou and a former Ecuadorian Embassy official that prefers to remain Anonymous. These gave us a perspective on the formal policies of immigration and the issues arising with the execution of visas, and the impact of Chinese immigrants in their countries. In the private sector, we reached out to; The Vice-President of the Peruvian Chinese Chamber of Commerce (CAPECHI) and the Former-Executive Director of the Ecuadorian Chinese Chamber of Commerce (CCECH). The interviews served us to understand the procedures for Chinese nationals in applying to visas, the roles of different applicants, and to extensively comprehend the role of each sector and its role in immigration, lastly to lead to us a conclusion on how all these affect human trafficking. In order to deepen our study and backup our conclusion we have asked the opinion of these authorities, which policy they think is correct in order to decrease human trafficking in 14 China. Also, how many cases of bribery have they experienced during the period of their service? With this question, we can have some idea how the traffic red works. In addition, looking through the percentage and frequency of the proposals we can view the effects of each migration policy (See figure 4 and 5). Figure 4. - Interviews Ecuador Starting Number Name Position Zone Sector Institution date Finishing of position 1 Mariella General Molina Consulate Ministry of International Guangzhou Public Relation and human Mobility June date of position 23rd, 2009 Ministry of International 2 Anonymous Beijing Public Relation and human April, 2003 May, 2005 Chinese August 15th, May 2013 2016 Mobility 3 Gustavo Caceres Former Executive Ecuador Private Beijing Public Peru Private Director Ecuadorian Chamber of Commerce 15th, Peru 4 5 Ivan Silva General Consulate Rafael Vice- Torres President Ministry of International Relation Peruvian Chinese Chamber of Commerce June, 2013 2011 Questions Q4 (English Translation).- How would you describe Chinese migration, before and after the “open doors” policy? 1.-During the period of open doors is estimated that around 14,000 Chinese entered to look for new opportunities in Ecuador. However, most of the Chinese used Ecuador as a way to 15 reach their final destination. This open door policy endured 3 months because of the high migration rate. 2.-If we are referring to Ecuador, it did not affect at all, because most of the Chinese used Ecuador as a way to reach their final destination. Approximately from 100% that migrate, 5% to 10% stayed in Ecuador. 3. In my opinion, the government lost control. Referring to studies of that date the Chinese population grew around 30 times more from what it was in 2007. 4. Peru has never implemented open doors migration policies. 5. Does not exist. Q5 (English translation).-Approximately how many irregular proposals regarding visa emissions have you experienced during your period as General Consulate of Ecuador 1.-During my 4 years and a half as General Consulate of Ecuador in Guangzhou. We have received 4 irregular proposals to different consulate officials and local personnel in the office. 2.-Irregular proposals during 2003 to 2005 has been from 100% visitors 30% of the cases tried corrupt the official. However, the worst are the threats from the high rank authorities from Ecuador. During the time that I worked at the embassy I received calls from Government officials and lawyers threatening me. Nevertheless, when the government applied the open doors policy I know that the proposal disappeared. 3.-I had not yet received any irregular proposals and I hope I don’t receive any at all. 4.-During this 6 months as General Consulate I have had 10 irregular proposals. All of them in different ways. Now something that exists in China are people contracted by an agency 16 that speak English and attend to every diplomatic event in order to gain a friendship relations with Ambassador, Consulates or officials. When they do gain the official trust they start asking "favors". 5.-None Q7 (English translation).- What policy would you consider is the best to reduce human trafficking rates in China? Why? 1. The only way to reduce human trafficking in China, is by implementing a correct investigation process on the visa application by the Chinese nationals 2. I consider it is necessary to have a control, because of the bad migration, for instance, drug traffickers, prostitution and assassins. I also consider that another solution is to apply for the visa in Ecuador. However, this measure was eliminated. In addition, another solution is to have monthly meetings like we used to have before 2008 with our LatinAmerican neighbors. In order to learn from the experience of everyone, analyzing every case. 3. I consider that the open door policy helps to reduce human trafficking, because the participation of officials becomes obsolete in the process. However, it is important that control measures are executed, for instance, the invitation letter, etc. 4. There have been human trafficking cases in Peru, but not like the ones that had happen in Colombia and Argentina. The current cases had been with mining technicians for the exploitation of illegal mining. This is because of the interest of medium and small Chinese companies that want to exploit resources from Peru without paying taxes. Notwithstanding, Peru has always been a country with a vision to protect their migrants abroad. However, because of Peru’s development this vision has to change, nowadays, there are a lot of migrants coming to Peru to search new opportunities. The policy has to be modified 17 changing the protectionist vision to being more open, taking as an example the Chilean model that is tightly engaged to promote business. 5. - The first one, because control measures always have to be taken place. Nevertheless, the process and requirements have to be clear to encourage and permit the entry of the true migrant (the one that have business or commercial intensions). Figure 5. - Irregular proposals Ecuador Position General Consulate of Ecuador in Guangzhou Period June 2009-January 2014 Proposals 4 Peru Position General Consulate of Peru in Beijing Period June 2013-January 2014 Proposals 10 Ecuador Peru Ecuador’s Policies According to Mariella Molina General Consulate to Ecuador in Guangzhou the open door policy led to approximately “14,000 Chinese that entered to look for new opportunities in Ecuador. However, most of the Chinese used Ecuador as a way to reach their final destination”. It is clear that an open door policy on migration cannot be a way to tackle the issue of human trafficking in China. A policy like this leads to an increase in illicit trafficking especially in Ecuador a country that is used as a platform to jump to more favorable destinations like the United States, Canada, or neighboring countries. Yet, a hard migration policy is also not a solution. When this is applied, it leads to an increase of irregular proposals to government officials. Peru’s Policies 18 The case with Peru takes a similar turn as Ecuador; the difference is the kind of people that are trafficked right now. According to Ivan Silva ex-General Consulate to Peru in Beijing he states “there have been human trafficking cases in Peru, but not like the ones that happen in Colombia and Argentina. The current cases deal with mine workers that come into the country illegally to work for Chinese mining companies that have expanded, to also, work without permits in some parts in order to avoid taxes”. The continuing interest of small and medium size Chinese companies to exploit the resources has also led for the increase of Chinese workers that correlates with an increase in trafficking. These workers are usually exploited, work long hours with little pay. Peru has pursued hard policies in its issuing of visas, especially now that Peru is developing as a country and wants to increase its investment. Most Peruvians that had left to other countries to search for better opportunities are now returning to the country, this goes as well as for new immigrants and especially those coming from China. The policy of being a protectionist country has to be changed, and that is something the General Consulate mentioned to us, he wants to open safe ways for immigrants that want to invest and get to know Peru. The control policies applied by Peru still lies in a high control and the ambivalent decisions he or she makes. As long as they pursue clear honest policies the control of migration in that country should be predictable to the rate of people that will be trafficked. Conclusion Human trafficking today is a non-traditional issue that every country faces. When victims are brought in illegally to a country they still fall into trafficking, some of these people are promised better lives, but in reality there are brought to exploitation, modern day slavery, and prostitution. The Chinese immigrants in Latin America become slaves to pay off the debt they incurred in been brought. 19 The causes of human trafficking lie in many different reasons, some of those been the policies implemented by different countries in dealing with migration from specific nations. Our research and field study has led us to conclude that both hard migration policies and open door policies are incentives for the growth of human trafficking from China. When open door policies are established a business grows in pushing these legal immigrants out, when policies are strict a business grows in getting these people in. These businesses are led by mafias or groups who specialize in this making a lucrative business. The demand for labor also incentivizes these groups to continue bringing people in be it men, women, and children. A solid solution to tackle human trafficking in Ecuador and Peru would have to be an interregional cooperation. As Ecuador lies in a central point for Chinese immigrants to jump from, the reasonable thing would be to start cooperating with other authorities in the neighboring countries in cracking down the routes and final destinations of the victims. Consequently, a regional Latin-America alliance should be promoted within the embassies that are located in China. Arranging monthly meetings between General Consulates of each country, sharing experiences of the cases they have faced that month and see if there are any similarities. This must be done with the creation of parallel projects that gather information about each country regarding cross-country migration. This project can be funded by each country, generating new job openings, creating a multicultural ambience that will feet from each country´s experience, generating a new software that will help to reduce the chances of illegal documents and decreasing the chances of bribery within government official. However, this project should be used as a filter to help consulate authorities better detect fake documents, routes of trafficking, the people doing the trafficking, and the final destination of the victims. This allowing for the sovereignty of each country to be respected 20 Bibliography Look Lai, Walton (2006). 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