Status of Implementation of the United Nations Trafficking in Persons Protocol 20 Years after the Palermo Convention

2021 ◽  
Vol 3 (4) ◽  
pp. 26-42
Author(s):  
Fabrizio Sarrica
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
International Community ◽  
Future Prospects ◽  
Significant Progress ◽  
Trafficking In Persons ◽  
The United Nations

Abstract The fight against human trafficking is still one of the most important and demanding challenges for the United Nations. The international community has made significant progress in combating this criminal phenomenon. This has translated into an overall increase in the number of countries with a proper anti-trafficking legislation and an increase in the number of victims detected and traffickers convicted. Twenty years after the adoption of the Protocol, this paper aims to review the progress accomplished and assess future prospects.

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 HIDDEN AGENDAS? The risks of human trafficking legislation

2016 ◽  
Author(s):  
Ted Leggett
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Unintended Consequences ◽  
Trafficking In Persons ◽  
The United Nations

South Africa is a signatory to the United Nations Protocol on Trafficking in Persons, and is likely to draft legislation on the topic soon. But the extent of the problem in South Africa is unclear, and the offences involved in trafficking are punishable under current law. To avoid unintended consequences, care is needed in drafting a new law in this area.

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.

scholarly journals Punishment of Criminals of Trafficking in Persons: Legal Perspective on International Guidelines and Indonesian Practices

2021 ◽  
Vol 10 ◽  
pp. 675-679
Author(s):  
Farhana Farhana ◽  
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
International Community ◽  
Point Of View ◽  
Practical Implementation ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Theoretical Contribution ◽  
Mitigating Factors ◽  
Drugs And Crime

The background of this study is that penalization is not only oriented towards the perpetrators of crimes of trafficking in persons but also oriented to the interests of victims and the community so that criminal justice aims to integrally protect various interests. The study aims to identify the punishment of criminals of trafficking in persons based on the interests of victims in Indonesian court practices as outlined by some regulations and the international community as outlined by the United Nations Office on Drugs and Crime (UNODC) and United Nations Convention Against Transnational Organized Crime (UNTOC). Considering that the study is a transnational crime, the point of view used in this study is clear to analyse the perspective of the national community and the ‎international community. Hence, the standard ‎measuring instrument used the perspective of international justice and its practical implementation by the Indonesian court. By using the library research method, the results showed that trafficking crimes are considered serious crimes by the international community. In regulating human trafficking, every country has laws regarding trafficking crimes by the applicable legal system. The theoretical contribution of this study is that each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore, as a practical contribution, the Indonesian court considers these factors which can be considered as a weighting or a reduction in sentence. The problem is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The study offers originality in investigating the factors which are burdensome and mitigate in imposing crimes against traffickers. The findings underline the principle of criminalization as the basis for imposing penalties on perpetrators of trafficking in persons by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.

scholarly journals The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

2015 ◽  
Vol 3 (1) ◽  
pp. 88-102 ◽  
Author(s):  
Julie Kaye ◽  
Bethany Hastie
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Canadian Criminal Code ◽  
The United Nations ◽  
The Law

Despite early ratification of the United Nations Trafficking in Persons Protocol, the <em>Criminal Code</em> offence of trafficking in persons in Canada has received little analytical or interpretive attention to date. Adopted in 2005, this offence has resulted in successful convictions in a limited number of cases and criminal justice authorities have continued to rely on alternate or complementary charges in cases of human trafficking. In particular, prosecutions for cases involving non-sexual labour trafficking remain extremely low. This article provides a socio-legal examination of why the offence of trafficking in persons in Canada is under-utilized in labour trafficking cases. Based on an analysis of data generated from 56 one-on-one interviews gathered from a variety of actors involved in counter trafficking response mechanisms and a legal examination of the key components of the offence, we argue that definitional challenges have resulted in narrow understandings and problematic interpretations of the Criminal Code offence. Such narrow interpretations have resulted in restricted applicability, particularly in cases of labour trafficking. More broadly, the article points to the need to address the limitations of the <em>Criminal Code</em> while formulating responses to trafficking that are not dependent on criminal law.

scholarly journals DO NEW CRIMES NEED NEW LAWS? Legal provisions available for prosecuting human trafficking

2016 ◽  
Author(s):  
Bronwyn Pithey
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Law Reform ◽  
Trafficking In Persons ◽  
Legal Provisions ◽  
The United Nations ◽  
The Way

South Africa seems well on the way to creating specialised human trafficking legislation. The country is a signatory to the United Nations Protocol on Trafficking in Persons, and the SA Law Reform Commission is investigating the issue of trafficking. But there are many legal provisions currently available for prosecuting those engaging in this practice. Perhaps a greater challenge for the prosecution is how to identify acts that constitute ‘trafficking in persons’.

scholarly journals Combating Human Trafficking in the Southern African Development Community: Strategies, Challenges, and Opportunities

2020 ◽  
Vol 42 (2) ◽  
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Secondary Data ◽  
Southern African Development Community ◽  
Trafficking In Persons ◽  
Member States ◽  
Global Networks ◽  
African Development ◽  
Women And Children ◽  
The United Nations

As is the case the world over, human trafficking remains a serious issue of concern amongst the Southern African Development Community (SADC) member states. At a time when most of the SADC states are confronted with slow economic growth, poverty and limited economic opportunities, several people continue to be forcibly or deceptively recruited and transported across borders for various purposes that include sexual exploitation, forced labour, slavery and/or removal of organs. This is despite the fact that most SADC countries are signatories to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons of 2000, especially Women and Children (the Palermo Protocol) which supplement the United Nations Convention against Transnational Organized Crime (UNTOC). However, SADC member states have been implementing a sundry of strategies in the form of policies, legislations, regional interventions and plans of action such as the 10 Year SADC Strategic Plan of Action on Combating Trafficking in Persons, especially Women and Children (2009-2019), in order to combat human trafficking in the region. With the use of primary and secondary data sources, this paper sought to evaluate the anti-trafficking strategies that have been implemented so far by SADC member states at national and regional level. It further identifies the challenges being encountered, as well as opportunities presented within the regional and global networks for fighting human trafficking. On the strength of the research findings, appropriate suggestions are made to enhance the success of strategies being implemented in the SADC region in particular, and other parts of Africa in general.

Global Values and the Institutions of the United Nations

ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers
Keyword(s):  
United Nations ◽  
Human Dignity ◽  
International Community ◽  
Shared Values ◽  
Peace And Security ◽  
The United Nations ◽  
United Nations Charter ◽  
Global Values

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

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