Situation

The situation in the field that we believe needs a deep, permanent normative transformation in societal culture and law -the baseline of this CIVISOL project for systemic change- is the generalized, equivocal and imprecise response provided by justice and law enforcement systems to the global phenomenon of trafficking in persons for the exploitation of their humanity for income making or increased savings and the need of redressing the societal conditions that causes and tolerates it.

Two criminal conducts which always, begin and end, rooted in the local level of the countries -neighborhoods of cities and villages- despite their potential compass of international movements and transactions. Under the political pressure of statistics, results and publicity, these crimes are overlooked or oversimpified for the ease of prosecution and conviction.

Making justice under any related crime provision is not justice it is merely a state response to some crime; justice is the rederessal of harm by uncovering thr truth and repairing its consequences to the fullest extent possible. The situation that justifes the JACTREX project for systemic change is the blurring of the criminality of human traffiking, the need to underpin its specificity, not interchangeable with other less complex penal provisions, so that real and effective justice can be made by the penal response of the State response and a more strategic action of the civil society organizations involved in fighting the logistics and acts of of human beings.

The criminal exploitation of human beings, does not equate to abuse or violence; it is a different notion. Although exploitation has to pass through abuse and violence in the form of manipulation, deception, and force imposed on a person in view of reducing the power of his­/her autonomy to the levels of submission and subjection of an animal or thing, exploitation is, concretely, the extraction of economic value from the physical being, body, or capacity, of another individual. Traffickers and Exploiters approach, treat, and use humans as if they were an object to own and dispose of, a merchandise to be commercialized in the market, a commodity to buy and sell.

All the process of prior logistics to the exploitation moment, the process of cargo loading and transportation that precedes the exploitation or value extraction act, whether in the form of profit or any other material benefit, is a long one: first, traffickers detect how and where to find or seize the opportunity to recruit human-merchandise; then, the same or another trafficker transfers or transports the human-merchandise from its source or place of origin towards a final place of destination, in which the reception or harboring of the “shipped” human merchandise takes place.

The ways in which an individual can be made profitable by criminals, who transact with the clients or users seeking to satisfy or accepting to create demand for acts, actions, or activities of exploitation -from forced labor, constrained delinquency, and forced pregnancy, to sexual pleasure delivery, among others – are as diverse as they are changing within the ports and markets of exploitation of the uncivil society. All of them constitute economic opportunities for entrepreneurs in crime, traffickers as well as exploiters, who strive for supply to meet demand, and vice versa.

This extremely complex pair of symbiotic crimes (a) human trafficking for exploitation and (b) criminal exploitation of humans in any and every of its diverse modalities of value extraction, have been, in the quest of massive prevention in times of globalization, oversimplified or spiced up as a crime that is particularly relevant to moral convictions, gender reivindications ,or geopolitical agendas. While this has been useful , especially for the sake of overall general awareness and prevention, it also disorients the specific knowledge and distorts the understanding that is needed with precision in order to detect the real risk and its agents, to effectively prosecute the criminals for the real criminal conducts committed – not just for any crime -, to protect the victims in an adequate manner, and moreover, to deliver a justice response that is exact – not just any response – so that the harm inflicted is repaired and the specific criminal conduct is truthfully dismantled or stopped.