scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.

scholarly journals PENGATURAN DAN PERLINDUNGAN HUKUM TENAGA KERJA MIGRAN LINTAS NEGARA DALAM PERSPEKTIF HUKUM INTERNASIONAL

2020 ◽  
Vol 8 (8) ◽  
pp. 1275
Author(s):  
Josep Robert Khuana
Keyword(s):  
New York ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Research Method ◽  
Legal Protection ◽  
Foreign Workers ◽  
International Labor Organization ◽  
Trafficking In Persons ◽  
International Convention ◽  
Women And Children

Tujuan dari penelitian ini untuk mengetahui dan menganalisis perlindungan hukum bagi tenaga kerja WNI yang bekerja di luar negeri perspektif hukum nasional dan hukum internasional. Metode penelitian yang digunakan adalah metode penelitian hukum normatif, dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, norma-norma hukum/kaidah-kaidah yang berkaitan dengan permasalahan hukum yang dibahas, dilengkapi dengan kasus-kasus yang terjadi saat ini. Adapun hasil yang diperoleh dari penelitian ini adalah perdagangan manusia merupakan isu Hak Asasi Manusia dalam masyarakat intemasional yang berkembang dengan fokus permasalahan prostitusi yang melibatkan perempuan dan anak-anak, seiring dengan berjalannya waktu, perkembangan jaman serta meningkatnya permintaan, perdagangan manusia tidak lagi berpusat dalam bidang prostitusi, tetapi juga digunakan dalam bentuk praktek-praktek kerja paksa, perbudakan serta penjualan/pemindahan organ-organ tubuh. Dalam upaya mengatur perlindungan buruh migran, majelis umum PBB melalui Resolusi No. 45/158 di New York pada 18 Desember 1990 membuat payung hukum dengan mengeluarkan International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Dalam upaya pelaksanaan perlindungan hukum terhadap tenaga kerja migran, PBB melalui International Labour Organization (ILO) mengeluarkan konvensi-konvensi yang berkaitan dengan perlindungan buruh migran. Upaya menanggulangi maraknya kasus perdagangan manusia yang tak lepas kaitannya dalam upaya perlindungan buruh migran Indonesia berkomitmen untuk melaksanakan Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children dan menerbitkan Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (UU PTPPO). The purpose of this study is to find out and analyze the legal protection of Indonesian citizens working abroad from the perspective of national and international law. The research method used is a normative legal research method, using legal approaches and case approaches based on laws and regulations, norms of law / rules relating to legal issues discussed, are equipped with cases which is happening now.The results obtained from this research, human trafficking is a Human Rights issue in the evolving international community with the focus of prostitution issues involving women and children, as time goes on, the times of development and increased demand, human trafficking is no longer centered in the field prostitution, but also used in the form of forced labor, slavery and sale /removal of organs. In an effort to protect the protection of foreign workers, the UN General Assembly through Resolution No. 45/158 in New York on 18 December 1990 made a legal umbrella by issuing the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In an effort to implement legal protection against foreign workforce, the United Nations through the International Labor Organization (ILO) issues conventions related to the protection of foreign workers. The efforts address the widespread human trafficking case in Indonesian migrant workers' protection is committed to implementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to issue Law Number 21 Year 2007 on the Eradication of Trafficking in Persons.

Human Trafficking in Florida: The Role of Applied Anthropology in Addressing the Problem and Response

2012 ◽  
Vol 34 (4) ◽  
pp. 24-28
Author(s):  
Karen Dyer ◽  
Nathaniel Dickey ◽  
Sarah Smith ◽  
Hannah Helmy
Keyword(s):  
United States ◽  
Human Trafficking ◽  
Sex Trafficking ◽  
The United States ◽  
Applied Anthropology ◽  
United States Congress ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Exact Data

Human trafficking is a pervasive issue in the United States (Florida State 2003:16). While an estimated 18,000-20,000 persons are trafficked across the nation's borders each year, this may be a dramatic underestimation of actual occurrence due to the hidden nature of human trafficking crimes and the fact that this number does not include domestic trafficking incidents (Florida State 2003:16). Federal anti-trafficking legislation defines "trafficking in persons" to mean those compelled into commercial sex acts (sex trafficking) or labor and services (labor trafficking) through force, fraud or coercion (United States Congress 2000). Although exact data regarding the incidence of human trafficking in Florida are currently unavailable, it is considered a lucrative trafficking hub—often being cited as one of the top three states in which the crime occurs. This is principally because of its agriculture- and tourism-based economy, two industries in which trafficking can thrive with relatively little resistance (Florida State 2003:27). Indeed, Miami International Airport has ranked among the "top points of entry for trafficking" since as early as 1999 (Florida State 2003:28). The lack of comprehensive data also precludes a clear picture of the demographics and nationalities of all trafficked persons in Florida, but figures from the U.S. Conference of Catholic Bishops provide a snapshot of certified victims of trafficking who are receiving federal benefits. In a four-year period ending August 2010, 274 trafficked persons received federal benefits; of these individuals, 127 were female, 147 were male, and the top five nationalities were those from Haiti (81), the Phillipines (65), Mexico (42), Guatemala (13), and Honduras (12) (Florida State 2010:39-40).

Human Trafficking: Overview

2015 ◽  
Author(s):  
Fariyal Ross-Sheriff ◽  
Julie Orme
Keyword(s):  
Human Trafficking ◽  
Sex Trafficking ◽  
Transnational Migration ◽  
Men And Women ◽  
Economic Disparities ◽  
Labor Trafficking ◽  
The World ◽  
Women And Children ◽  
Multi Level ◽  
Modern Day Slavery

Human trafficking (HT), also known as modern-day slavery, has received significant emphasis during the last decade. Globalization and transnational migration trends continue to amplify economic disparities and increase the vulnerability of oppressed populations to HT. The three major types of HT are labor trafficking, sex trafficking, and war slavery. Victims of HT are exploited for their labor or services and are typically forced to work in inhumane conditions. The majority of these victims are from marginalized populations throughout the world. Although both men and women are victims of HT, women and children are heavily targeted. Interdisciplinary and multi-level approaches are necessary to effectively combat HT. Combating HT is particularly relevant to the profession of social work with its mission of social justice. To address the needs of the most vulnerable of society, implications for social workers are discussed.

Human Trafficking and Cyber Laws in Malaysia

2020 ◽  
pp. 518-532
Author(s):  
Olivia Swee Leng Tan ◽  
Rossanne Gale Vergara ◽  
Raphael C. W. Phan ◽  
Shereen Khan ◽  
Nasreen Khan
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
State Department ◽  
Deep Web ◽  
The Internet ◽  
Tier 2 ◽  
Trafficking In Persons ◽  
Global Problem ◽  
International Laws ◽  
Watch List

The era of digitalization is becoming more of a vehicle for exploitation and criminal activities. That said, transnational criminals are increasingly utilizing the darknet or deep web as a medium for human trafficking. Human trafficking is a global problem and the solution requires a comprehensive response to tackle this borderless crime. In the 2018 U.S. State Department Trafficking in Persons (TIP) Report, Malaysia was downgraded to Tier 2 Watch List. This article reviews the literature on human trafficking, the existing legislations, and their effectiveness in Malaysia to combat human trafficking in the internet and deep web. The article analyzes the existing policies, Malaysia laws and international laws, and instruments that are available to prevent and protect women, children, and migrant workers from being trafficked. This article will also suggest the necessary measures to prevent human trafficking in Malaysia.

Transnational Human Trafficking

2019 ◽  
Vol 6 (2) ◽  
pp. 30-41
Author(s):  
Pallavi Gupta
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Transnational Crime ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Cheap Labour ◽  
Women And Children ◽  
Definition Of ◽  
Human Flesh ◽  
Source Countries

Human trafficking is a pernicious new variation on the ancient theme of slavery and trading in human flesh. It is considered a serious organised crime against humanity, reduces their sense of worth and punctures their ego and sense of dignity. Human trafficking is a transnational crime, a global problem that targets vulnerable individuals and affects every country. Its expansion depends on there being source countries with people demanding better economic living conditions, and destination countries with people or industries demanding cheap labour or cheap prostitution to enlarge their profits. The Protocol to Prevent Suppress and Punish Trafficking in Persons, especially Women and Children by United Nations marks the international community's cumulative efforts to deal with this transnational organised crime. The Trafficking Protocol was entered into force on 2003. It has been signed by 117 countries and ratified by 159 parties. This article focuses on the ambiguity of definition of human trafficking given by UNO protocol.

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

Narratives of human trafficking: Defining policy, practice and positioning in a contested field

2021 ◽  
Author(s):  
◽  
Bryony Cornforth-Camden
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Policy Practice ◽  
Local Responses ◽  
The Past ◽  
Crime Type ◽  
Counter Narrative ◽  
The Way

<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>

Part II UN Core Conventions on Transnational Organised Crime, 8 The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons 2000

2016 ◽  
Author(s):  
Heintze Hans-Joachim ◽  
Lülf Charlotte
Keyword(s):  
Human Trafficking ◽  
Transnational Crime ◽  
Organised Crime ◽  
International Level ◽  
Trafficking In Persons ◽  
Criminal Networks ◽  
International Response ◽  
Legal Foundation ◽  
The Many ◽  
Modern Day Slavery

As ‘modern day slavery’ and one of the many forms of transnational crime, human trafficking demands an international response. The necessity of countering human trafficking comprehensively becomes apparent when looking at crimes committed, the numbers of people trafficked, and the billions criminal networks make by exploiting the vulnerable. As the pertinent legal instrument at the international level the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons can be considered the legal foundation and impetus for regional and national anti-trafficking legislation and implementing measures. This chapter analyses the UN Protocol and its regulations in detail and critically reflects on its implementation.

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