ABSTRACT

This book has examined the issue of human trafficking in the Greater Mekong Subregion (‘GMS’) by using the theme of ‘discourses’, to analyse the policy responses to the problem in the GMS. Through the creation of the 2000 United Nations Convention against Transnational Organised Crime (‘ CTOC ’) framework, 1 the issue of human trafficking has been constructed in international law as one of transnational crime, and is popularly perceived to focus on female prostitution. By offering another perspective on human trafficking other than the criminal justice approach this book does not seek to deny the criminality of human trafficking, but rather seeks to provide an alternative view of the factors that have shaped policy responses to the issue, and which ultimately influence how trafficked persons and their rights are identified and protected. On this perspective human trafficking is seen through the prism of migration and exploitative labour and similar practices. Indeed, it is important to note that this perspective is recognised in the new Sub-regional Plan of Action, SPA_III (2011–2013), 2 which has been formulated under the COMMIT process. 3 Under SPA_III COMMIT aims to respond ‘to all forms of trafficking’, 4 including labour exploitation, and to recognise that it takes place within a migration framework. 5