Criminal justice response to human trafficking in Nigeria and South Africa: suggestions for better performance

2018 ◽  
Vol 21 (2) ◽  
pp. 140-158 ◽  
Author(s):  
Paul Oluwatosin Bello
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Human Trafficking ◽  
Criminal Justice Response

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.

scholarly journals Was Trafficking in Persons Really Criminalised?

2015 ◽  
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.

Response to Human Trafficking in South Africa: Beyond the Criminal Justice System

Politeia ◽  
2019 ◽  
Vol 38 (1) ◽  
Author(s):  
Paul Oluwatosin Bello
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
South African ◽  
Justice System ◽  
African State ◽  
Social Institutions ◽  
The South ◽  
Doctoral Study ◽  
Criminal Justice Response

This article evaluates the efforts of the South African criminal justice system in combating human trafficking. The phenomenon of human trafficking has been a resonating issue of concern to the South African State. Several women, children, and to a lesser degree men have been entrapped in the web of exploitation produced via trafficking, in the country. Steps have been taken by the State to combat the scourge by enlisting human trafficking among crimes that require an effective criminal justice response, including the enactment of an anti-trafficking law for it to be combated. But then, instead of diminishing, the menace is still on the rise. From the findings of a broader doctoral study on ‘examining human trafficking and the response of the South African criminal justice system’, using mixed-method approach, it was discovered (amongst others) that the South African criminal justice system cannot effectively combat human trafficking in the country. Specifically, the study found that the triggering factors that engendered the vulnerability and eventual exploitation of people through trafficking fall outside the scope of the justice system. Findings also indicated a strong linkage between failure of social institutions and a rise in human trafficking in the country. The study further make recommendations for an enduring approach.

Combating the ‘myth of physical restraint’ in human trafficking and modern slavery trials heard in the Crown Court

2021 ◽  
Vol 26 (1) ◽  
pp. 3-19
Author(s):  
Jack Murphy
Keyword(s):  
Criminal Justice ◽  
Human Trafficking ◽  
Physical Restraint ◽  
Robust Analysis ◽  
Modern Slavery ◽  
Foundational Principle ◽  
Fact Finding ◽  
Criminal Justice Response

The greatest hurdle to an effective criminal justice response to human trafficking is the prevalence of myths about how exploitation happens and who ‘counts’ as a genuine victim. This includes the myth that, to be a genuine victim, an individual must have been subject to some form of physical restraint. Previous work has demonstrated how this myth undermines trafficking prosecutions in various jurisdictions. It has demonstrated that, in the absence of physical restraint during their exploitation, victims are deemed to lack credibility. However, what is missing in the current body literature is a robust analysis of whether something should be done to address this issue. By engaging with the foundational principle of accurate fact-finding, this article argues that some form of regulation of cross-examination in the English and Welsh jurisdiction, with a view to preventing this myth from manifesting in trials, would be justified.

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