scholarly journals South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking

2017 ◽  
Vol 15 (1) ◽  
pp. 282
Author(s):  
Hester B Kruger ◽  
Hennie Oosthuizen
Keyword(s):  
South Africa ◽  
Human Trafficking ◽  
Criminal Law ◽  
Trafficking In Persons ◽  
Sexual Offences ◽  
Insurmountable Obstacle ◽  
Women And Children ◽  
Near Future ◽  
Legislative Measures ◽  
Selection Of

Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.

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.

Human Trafficking and China: Challenges of Domestic Criminalisation and Interpretation

2016 ◽  
Vol 17 (1) ◽  
pp. 148-177
Author(s):  
Bonny Ling
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
International Standards ◽  
Chinese Government ◽  
Male Victims ◽  
Trafficking In Persons ◽  
Republic Of China ◽  
High Profile ◽  
History Of ◽  
Women And Children

In recent years, the Chinese government has notably begun to address the issue of trafficking in persons through several high-profile national initiatives. The State Council of the People’s Republic of China released the country’s first national anti-trafficking plan in December 2007, followed by China’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in February 2010. However, tackling human trafficking is a serious domestic challenge. This article argues that China’s response to its trafficking problem is obstructed by a legal definition in its criminal law that falls short of international standards. These shortfalls include the exclusion of adult male victims and predicating domestic criminalisation on the purpose of selling a person as opposed to the element of exploitation. Because the offence of trafficking is defined and applied differently in China, examining these particular aspects of the domestic criminal offence is critical to a fuller understanding of human trafficking in the country. This article discusses these important ramifications and also traces the legal history of China’s criminalisation of trafficking since the adoption of the country’s first criminal law in 1979, focusing on the disappearance of an inclusive, gender-neutral approach to the crime of human trafficking in the Chinese context.

scholarly journals HUMAN TRAFFICKING AND PROSTITUTION: BAND OF BROTHERS

2009 ◽  
Author(s):  
Louis Botha ◽  
Delene Strydom
Keyword(s):  
South Africa ◽  
Human Trafficking ◽  
South African ◽  
Sexual Offences ◽  
World Cup ◽  
Full Compliance ◽  
Task Team ◽  
Women And Children ◽  
Global Initiative ◽  
Palermo Protocol

On 14 December 2000 South Africa signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (‘the Palermo Protocol’), and on 20 February 2004 ratified it. In so doing, South Africa committed itself to criminalising trafficking and developing legislation to combat it. On 3 October 2007 Essop Pahad, speaking at the Global Initiative to Counter Human Trafficking International Forum, said the National Prosecuting Authority had been tasked with coordinating this process and had formed an inter-sectoral task team to oversee the development of legislation. He further stated that provisions on trafficking had already been included in the Children's Bill and that the revised Sexual Offences Act would have a chapter dealing specifically with trafficking for sexual purposes. On 16 December 2007 the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 came into effect. It contains a chapter specifically dealing with trafficking as well as a section specifically addressing the issue of trafficking for sexual purposes. Although these provisions are only temporary, as they are not in full compliance with the Palermo Protocol, the South African government made an attempt to deal with the problem of trafficking, which up to that point had not been regulated by adequate legislation. In March 2009 Manto Tshabalala-Msimang, then Minister in the Presidency, stated that ‘the process of translating South Africa's international commitments into national legislation is at an advance (sic) stage’. In 2008 government considered the idea of legalising prostitution for the duration of the 2010 FIFA World Cup. If prostitution were legalised, either for the duration of the World Cup or at any time thereafter, it would contradict the provisions of Part 6 of Act 32 of 2007 and nullify the work that has been done in an attempt to curb this crime of trafficking.

scholarly journals Pemberantasan Perdagangan Orang Dengan Sarana Hukum Pidana

2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Erdianto Effendi
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Development Plan ◽  
State Law ◽  
Trafficking In Persons ◽  
Modern Times ◽  
Theory Of Crime ◽  
Women And Children ◽  
Modern Day Slavery

Combating Human Trafficking Through Criminal Law. In modern day slavery does not exist anymore. However, the practice of slavery in modern times transforms into human trafficking. Trafficking in persons in general can be defined as a condition where people, especially women and children, are for sale to work and they are forced to be involve in prostitution. Then the question is, how is it necessary to criminalize human trafficking? This article concludes that the actions to criminalize human trafficking is right based on the theory of crime. In addition, it is in line with the politics of state law as reflected in the national long-term development plan. DOI: 10.15408/jch.v1i1.2982

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 TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

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 RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

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.

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