Cross-Border Migration and Human Trafficking in Ethiopia: Contributing Factors, Policy Responses and the Way Forward

2018 ◽  
Vol 12 (1) ◽  
pp. 93-116
Author(s):  
Messay M. Tefera
1970 ◽  
Vol 13 (2) ◽  
pp. 53-80
Author(s):  
Messay Mulugeta ◽  
Teferee Makonnen

The overriding objective of this research was to assess the status, major origins and contributing factors of cross-border migration and human trafficking in Ethiopia with the intention of identifying key policy lessons to address the problem. To meet the intended objectives, desk review and key informant interview data gathering techniques were employed. The results of the assessment disclosed that Ethiopia is one of the largest origins (transit and destination as well) of trafficked persons from Africa. The most common drivers are found to be an amalgam of socioeconomic, political and environmental factors. It was also found that the journey is often dangerous leading to physical assault, sexual abuse, abduction, robbery and even death. In most destination areas, illegal migrants face restricted mobility, exploitative working conditions and harassment of different kinds. The ultimate mechanism to address the problem was found to be adequate job creation and poverty reduction through intensified development efforts involving governmental and non-governmental organizations and the private sector. Furthermore, enhanced democratization of the government system, political tolerance, improved access to legal travel authorization (visa) for safe migration, awareness creation campaigns, improved monitoring of private employment agencies, bilateral agreements with major destination countries and increased co-operation among stakeholders were found to be vital solutions to minimize illicit cross-border migration and human trafficking from Ethiopia. Keywords: Human trafficking, illegal migration, cross-border migration, informal activity, policy response, Ethiopia


2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.


Author(s):  
Frederike Ambagtsheer

AbstractThe human organ trade is proliferating globally. However, far fewer cases have been prosecuted than would be expected based on estimates of the crime. Research exploring the challenges to investigating and prosecuting organ trafficking cases is practically non-existent. Also no studies exist that explain these challenges utilizing a criminal justice framework. This article aims to explain the legal, institutional and environmental factors that affected the investigation and prosecution of two organ trafficking cases: the Netcare case, exposed in South Africa and the Medicus case, exposed in Kosovo. It analyzes these factors through a comparative, mixed-method design, utilizing a theoretical criminal justice framework. Both cases constituted globally operating criminal networks involving brokers and transplant professionals that colluded in organizing illegal transplants. Both cases contained human trafficking elements, however only the Medicus case was prosecuted as a human trafficking case. Legal uncertainty, a lack of institutional readiness and cross-border collaboration issues hampered investigation and prosecution of the Netcare case. The Medicus case also reported problems during cross-border collaboration, as well as a corrupt environment and institutional barriers, which impeded a successful case outcome. Recommendations to improve enforcement of organ trafficking include improving identification of suspicious transplant activity, strengthening cross-border collaboration and enhancing whistleblower protection laws.


2021 ◽  
Vol 7 (6) ◽  
pp. 5541-5553
Author(s):  
Chen Cheng

Superficially, the control of trafficking of counterfeit cigarettes in the name of illegal business operation goes against the spirit of modest and restraint, as well as the doctrine, of the Criminal Law; substantially, however, it is the realistic portrayal of the cross-border governing of market misconduct with “reification” criminal law. In recent years, modern criminal law has opened the way to a transformation of functionalism upon the demand for security governance derived from risks to society. It has gone from being a passive night watchman to being a positive leader and pusher, highlighting the trend of “reification” of functionalism-oriented criminal law. The reification not only weakens the contractual value of crime and punishment but also causes dysfunction of the integral legal order. In this regard, while affirming the legitimacy of the functionalism transformation of criminal law, this paper corrects the trend of "reification" of functionalism-oriented criminal law by declaring the modest value of classical humanity-oriented criminal law, and promotes its return to the modest value of "humanity-oriented" criminal law. Based on the principle of unity of legal order, this paper proposes to build a two-tier judgment model consisting of "general violation" and "punishable violation" in an attempt to provide intellectual support for the processing of criminal cases involving tobacco.


2021 ◽  
Author(s):  
◽  
Bryony Cornforth-Camden

<p><b>This research uses narrative criminology to investigate the way the problem of human trafficking is narrated in New Zealand and international settings. It draws on accounts from professionals who are responsible for defining and responding to human trafficking, and reports, policy, and other guiding documents. The main issue driving this research is the contested nature of human trafficking. Human trafficking is a crime type that has been highly politicised resulting in shifts and changes to the way the problem of trafficking has been approached over the past 20 years, with differing trends coming to the fore and dominating trafficking practices at different times. The internationally dominant approaches which emphasise prostitution, harsh criminal responses, and border security have come under criticism for having harmful impacts for migrant workers. This research aims to understand how human trafficking is defined, what discourses are drawn on, and how international narratives may be influencing local responses with the overall aim of identifying new and less problematic ways of conceptualising human trafficking and responding to migrant exploitation.</b></p> <p>This thesis finds that different ways of narrating human trafficking are constitutive of different trafficking realities. Narratives determine the shape the problem takes, who is involved, what the causes and solutions are, who responds, and who are classed as victims and perpetrators. This research concludes that as narratives structure reality and action, in order to change how we deal with certain problems, the way the problem is narrated must also change.</p> <p>The findings of this thesis reflect current challenges in the wider international anti-trafficking field of how to avoid positioning western states and systems as outside of the problem of trafficking, issues with broadening definitions of victimhood, and questions of the role of international versus local bodies in defining problems involving migration and crime. As well as reflecting these current challenges, the findings from this research provide insights for moving forwards by proposing an alternative narrative. This counter narrative is created through drawing together components of narratives identified in this research. It avoids the issues of western exceptionalism, narrow forms of victimhood, and a focus on sex trafficking, and provides a different method for conceptualising migration, exploitation, and harm.</p>


AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 264-267
Author(s):  
Clifford Bob

Janie Chuang discusses important shifts in the way that American policy makers and activists have defined and fought human trafficking. As she shows, key aspects of the 2000 UN Protocol’s definition of trafficking have been whiplashed by changing political winds emanating from the Bush and Obama administrations. In the Bush years, a strange bedfellows network of feminists, evangelicals, and neo-conservatives directed American trafficking policy primarily toward sexual exploitation, pushing for prohibitions not only on forced but also on voluntary prostitution. Other types of trafficking were neglected. The Obama administration and its own set of civil society associates gusted other ways. Among other moves, it reduced the focus on sex, dropped the view that voluntary prostitution constituted trafficking, enlarged the trafficking concept to include all forced labor (whether or not involving movement), and rebranded the expansive new notion as slavery.


MRS Bulletin ◽  
1996 ◽  
Vol 21 (12) ◽  
pp. 18-23 ◽  
Author(s):  
W. Stanley Taft

What we see when we look at a painting—the image and our belief in it—is the result of choices in painting media, physical components, and methods made by the painter prior to and during the painting process. To a great extent, the number of choices, the way they are made, and the sequence in which they are used are influenced by the environment of the artist. Availability of materials, training, common practice, the demand of imagery, scale, and placement of the completed painting all influence these choices. We certainly cannot discount skill and invention as contributing factors in the making of the object for they guide the use of materials, and when the artist is truly inspired, allow us to be transported into the life of the painting.


2013 ◽  
Vol 57 (1) ◽  
pp. 57-80 ◽  
Author(s):  
Nlerum S Okogbule

AbstractThis article examines the legal and policy responses of the Nigerian government and other agencies to human trafficking, which is one of the central social and economic challenges facing the country today. After exploring the nature and dimensions of the practice, it argues that Nigeria's unenviable position as a country of origin, transit and destination in human trafficking, as well as the impact of the practice on the lives of the victims and adverse implications for the country's corporate image, make it imperative that effective measures are adopted to combat it. In this respect, while accepting that legal measures are important in achieving the objective, the article highlights some deficiencies in current efforts and suggests a multidimensional approach, with greater emphasis on the “push” and “pull” factors of human trafficking prevalent in the country, such as high levels of unemployment, poverty, inequality and marginalization.


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