Saturday, April 26, 2014

Yasiel Puig and Human Trafficking


Yasiel Puig and Human Trafficking

                The story that recently broke regarding the journey of Los Angeles Dodgers’ star Yasiel Puig from Cuba to the United States provides a rare insight into the reality of human smuggling.[1] While Puig had much bigger dreams in mind than most who seek out the help of smugglers, analyzing the process is useful. It is likely that very similar methods to those used to get past Cuban authorities are currently used to smuggle migrants within and out of Central Asia. Many victims of human trafficking at some point engage with smugglers to get them to their final destinations. This can range from unsuspecting targets attempting to get to Moscow to work for a trafficking ring posing as a modeling agency they found online to unwilling victims already in the grips of traffickers who are being moved or sold to another location.
                It is crucial to remember that for the smugglers, it is a business. Ultimately, expected returns must justify costs and potential risks. Certainly in Puig’s case, expected returns were justifiably very high. Over the past 5 years at least 20 defectors have been smuggled from Cuba who signed Major League Baseball contracts worth more than $300 million. Puig’s salary soared from $17 monthly in Cuba to over $150,000 per month for the Dodgers in 2013. The five men who drove the boat were in the employ of the infamous Mexican drug cartel, Los Zetas, who also controlled the landing spot on the Yucatan peninsula, Isla Mujeres. Similar to our understanding of likely behavior for human traffickers in Central Asia, this group moved any product that could produce a profit, from people to cocaine. Puig had already made several unsuccessful attempts to get out, and for this job the smugglers demanded $250,000 in return for smuggling Puig. He had a sponsor in the US, who initially offered to pay the fee in return for a contract with Puig that gave him 20 percent of all future earnings. When they arrived in Mexico, his smugglers demanded more from his sponsor, who refused to pay the full price. After a month of waiting for a deal, the sponsor sent in a “team of fixers” to deal with the smugglers and set Puig up with an agent. The leader of the smuggling group was later apparently executed after making repeated demands for payment.
                Smuggling people is much different from smuggling drugs. People cannot be squirreled away, and must be provided with food, water and reprieve. Unlike drugs, the easiest way to sneak people past authorities is in plain sight. While Puig was spirited out undercover from Cuba on a high-speed boat, after landing in Mexico and being released from his smugglers he was able to move about essentially as a legal immigrant. This required proper paperwork and typically the cooperation of corrupt officials. Smugglers must possess extensive knowledge of often highly intricate immigration regimes. In Puig’s case, given his eventual desire to play in the MLB, he was required by both league rules and US Treasury Department restrictions to establish residency in a third country. A mere formality, it forced his smugglers to take an alternate route (from the typical straight shot to Miami) to Isla Mujeres in the Yucatan, where their official contacts provided all the necessary documents and they were ensured no trouble by the local police.
Due to the nature of the black market, it is difficult to ascertain how comparable the costs of smuggling Puig out was to standard costs. An interesting website managed by ‘Havocscope’ attempts to give current prices on a variety of black market goods based on open-source information. While its reliability is dubious, it lists $10,000 as the going rate to smuggle someone from Cuba to the US.[2] Puig was certainly a unique case, given his need to transit via Mexico to meet MLB rules, and common knowledge of his future earnings potential.
                Puig’s account exemplifies the uncertainty and danger that are unavoidable throughout the smuggling process. Such situations are faced by smuggled migrants across the globe. At several points before finally succeeding, Puig was offered to be taken to the US by likely secret police trying to entrap him. When the money didn’t come through upon his arrival to Mexico, his smugglers threatened to maim and kill him. There is no guarantee for those arranging to be moved that they will not be exploited and harmed. One of the men who brought Puig across was being sought by US Homeland security for holding a migrant family captive until $40,000 was paid. To get to the escape point in Cuba, Puig hiked for 30 hours by night, hiding during the day, through backcountry and swampland to an unknown destination battling dehydration. At several points they were nearly intercepted by police, once having to wade out into the sea to escape. Upon finally arriving in the US, Cuban migrants face an uncertain situation, and turn to lawyers of Cuban descent for protection and guidance, often being extorted in the process. Even Puig has not fully escaped his past, as recent news reports say he faces continuing demands for payment by his smugglers, who even threatened his family still living in Cuba.  

Saturday, April 12, 2014

Anti-Trafficking Efforts in Kazakhstan

                The US State Department in the 2013 Trafficking in Persons Report rated Kazakhstan as a Tier 2 country. Astana has made efforts to meet the minimum established standards, but current policy still does not fully comply.[1] This is partially to the complexity of the problem in Kazakhstan. The country serves as not only a country of origin for trafficking victims destined for Russia or Europe, but also functions as a transit country for victims en route from other Central Asian states, and a destination country for victims from the poorer states of Central Asia such as Uzbekistan, Kyrgyzstan, and Tajikistan.[2] However, equally important contributing factors has been the complicity of government officials in the trade, and an inadequate law enforcement response to the problem.
                The Kazakh government was initially slow to address the development of human trafficking during the 1990s, but growth of problems such as the spread of HIV/AIDS that accompanied the rise finally spurred action.[3] The government has made efforts to enact effective legislation. Trafficking in persons for both sexual exploitation and labor is banned by Articles 128, 133, 125(3b), 126(3b), 270, and 132-1 of the Kazakh penal code. The US State Department has rated the established penalties of up to 15 years’ imprisonment adequately severe. In 2012, the Kazakh Supreme Court further clarified how the judiciary should interpret human trafficking, and ruled that trafficking victims could not be prosecuted for crimes committed as result of being trafficked. Also in 2012, an Interagency Trafficking in Persons Working Group, chaired by the Minister of Justice, was established to coordinate national anti-trafficking efforts. Moreover, the order issued by the Ministry of Education and Science, which allowed the children of migrant workers to attend school alongside regular Kazakh citizens, has likely helped these children avoid being exploited through forced labor.[4] At the international level, Kazakhstan has focused on addressing the problem regionally through the Commonwealth of Independent States, and as member of the Budapest Process, a forum designed to develop comprehensive migration reform and counter-trafficking policies across Eurasia.[5]
                Astana has funneled funding into training courses to aid law enforcement in identifying, investigating and prosecuting human traffickers, and made efforts to improve international coordination with neighboring law enforcement agencies.  However, while the legislation, funding, and training illustrate an intent to combat the problem, a lack of results speaks to deeper issues. The investigation and prosecution of trafficking cases decreased from 2011 through 2012. Trafficking-focused NGO’s have continued to complain of antiquated tactics used by law enforcement that do not take a victim-centered approach.
Victim-centered approaches focus equally on the investigation and prosecution of the traffickers, as on finding and providing support to victims. Adequate social services should be provided to assisting in the recovery and stabilization of trafficking victims, not only for the health of the victim, but also to ensure the victim is ready and able to aid the prosecutors in the identification and successful prosecution of perpetrators. This requires a fundamental change in how law enforcement perceives the crime, which is too often addressed as petty, insignificant, and not worth their time.[6] This ingrained perception leads to trafficking victims often being ignored and discounted, investigations are carried out nonchalantly and yield few results, or victims being treated as criminals themselves and prosecuted for immigration violations and/or deported.
Inadequate law enforcement response has been further compounded by the role many government officials and members of law enforcement play in carrying out the trade. Official complicity often results in shielding traffickers from prosecution, further abusing trafficking victims, and physically engaging in the transport of victims. Police officers are in a unique position to establish connections between traffickers and employers seeking forced labor that is often misused.[7]
A lack of enforcement will continually hamper any attempt to enact effective rules and regulations. Given the likely levels of profit officials involved in the investigation and prosecution of trafficking reap from the trade, it will be difficult to comprehensively address the problem. At its core, this issue stems from the high levels of corruption across the Kazakh state. Transparency International’s Corruption Perceptions Index ranks Kazakhstan 140th out of 177.[8] While much of the corruption is centered on profit skimmed from more legitimate industries, particularly energy and construction, the lack of rule of law and a bureaucracy that does not effectively punish and prevent offenders will encourage officials interested in making a quick profit to engage in more illicit industries such as human trafficking.



[1] http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm
[2] http://www.eurasianet.org/node/66247
[3] http://www.protectionproject.org/wp-content/uploads/2010/09/kazakhstan.pdf
[5] http://www.icmpd.org/Budapest-Process.1528.0.html
[6] https://www.dhs.gov/blue-campaign/victim-centered-approach
Goodey
[7] http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm
[8] http://www.transparency.org/country#KAZ