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.

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 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.

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.

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.

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