scholarly journals COUNTERING THE ‘SCOURGE’: The time for evidence and reason on human trafficking

Author(s):  
Chandré Gould

Since the late 1990s South African media have drawn attention to the problem of human trafficking and called for state intervention to stop the practice. Reports by several non-governmental organisations have referred to the growing plague of human trafficking, particularly that of women and children for purposes of sexual exploitation. A recent, in-depth study of the sex work industry in Cape Town by the ISS and SWEAT calls into question allegations that there is large-scale trafficking into the sex work industry and suggests that a law enforcement approach may not be the most appropriate way to counter the problem.

Author(s):  
Chandré Gould

In May 2006 the South African Law Reform Commission released a discussion paper and draft legislation on human trafficking for public comment by the end of June this year. In order to successfully identify, investigate and prosecute cases of trafficking, law enforcement agencies need a clear understanding of what constitutes trafficking. But human trafficking is a slippery concept – frequently confused with human smuggling or used as a blanket term for the sexual exploitation of women and children. In evaluating national and international research on the issue, this article finds that understanding the extent and nature of the problem is complicated, not only by contending definitions, but also by the lack of representative data about trafficking nationally and internationally.


2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi

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.  


2021 ◽  
pp. 151-161
Author(s):  
Heli Askola

Heli Askola examines the early history of international instruments for the suppression of the trafficking in women and children involved in so called ‘white slavery’ as precursors to the more recent developments relating to human trafficking. She challenges the notion of the linear progression in the development of the law and illustrates that the contests between various NGOs and government organizations meant that this development was neither smooth nor uncontested.


Author(s):  
Anupriya Sethi

The current discourses on human trafficking in Canada do not take into account domestic trafficking, especially of Aboriginal girls. Notwithstanding the alarmingly high number of missing, murdered and sexually exploited Aboriginal girls, the issue continues to be portrayed more as a problem of prostitution than of sexual exploitation or domestic trafficking. The focus of this study is to examine the issues in sexual exploitation of Aboriginal girls, as identified by the grass root agencies, and to contextualize them within the trafficking framework with the purpose of distinguishing sexual exploitation from sex work. In doing so, the paper will outline root causes that make Aboriginal girls vulnerable to domestic trafficking as well as draw implications for policy analysis.


Author(s):  
NORRUZEYATI CHE MOHD NASIR ◽  
MOHAMMAD RAHIM KAMALUDDIN

Human trafficking is a modern form of slavery and organized crime that violates human rights and threatens public and national security. The International Labor Organization (ILO) estimates that there are 40.3 million people have been the victims of human trafficking, with the majority of them are women and children. Children are the most vulnerable and high risk group to be sexually exploited through child marriage and economically exploited as forced labour and beggars. The establishment of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000, was an international effort to combat this crime. Countries in Southeast Asia are also confronted with this crisis especially involving children and have been identified either as a source, destination or transit countries in the case of human trafficking. While the issue is very alarming, the accurate assessment of child victims is yet to be found due to the clandestine nature of the crime. There are many factors such as poverty, debt bondage, traditional practices that encourage early marriage, low level of education, fraudulent documents and collaboration between the recruiter and family, leader or related agencies have contributed significantly towards the existing child trafficking and sexual exploitation issues. This articles aims to present issues pertaining to child trafficking and exploitation. With that in mind, the current study employs library research as a research design in order to gather information from various sources such as journal articles, books, reports, and conference proceedings. It is highly expected that this article would provide exposure and in-depth understanding regarding child trafficiking and exploitation to related agencies. In-depth understanding is vital to develop related policies and guidelines to curb this transnational crime.  


Author(s):  
Louis Botha ◽  
Delene Strydom

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.


Author(s):  
Nadejda K. Marinova

Trafficking and smuggling in persons is a serious crime and a grave violation of human rights. In the world today, there are more slaves than at any other time in human history—these present-day slaves are the victims of human smuggling and human trafficking. Human trafficking refers to the trade of humans, most commonly for the purpose of forced labor, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. The 1980s saw human trafficking emerge on the political agenda of states as well as of supranational and international organizations. By the early 1990s, human smuggling—which is extremely important in illegal migration—has prompted policy attention. The academic scholarship on human smuggling focuses on the factors for the increase of trafficking, the structure and organization of smuggler networks, and on the question of whether smuggled individuals are victims or perpetrators of a crime.


2018 ◽  
Vol 9 (2) ◽  
pp. 201-218
Author(s):  
Miftahul Ulum

This paper discusses the corporate crime of human trafficking. The background used is the assessment that classifies Indonesia in third place for the handling of human trafficking by the international community. The word “Hero Exchange” may often be heard, they are the workers from Indonesia who often become victims of Human Trafficking, victims sometimes traded not only for the purpose of prostitution or other forms of sexual exploitation, but also includes other forms of exploitation, such as forced labor or services, slavery or practices similar to slavery. Various government policies are made concerning the protection of women and children, basically made ​​relatively comprehensive policies, ranging from Basic Act 1945 and the rules below. However many government policies in tackling this problem is not followed by real action in the field and it can be concluded, the legal protection of women and children victims of human trafficking is still felt less effective. This is evident from the very rarity of severe criminal imposed by the judge against traffickers. The absence of compensation in the form of sanctions against traffickers also add to the sense of injustice padakorban trafficking who have suffered both physically, mentally, and economically.  


2021 ◽  
Vol 23 (3) ◽  
pp. 356
Author(s):  
Evie Ariadne ◽  
Benazir Bona Pratamawaty ◽  
Putri Limilia

After thirteen years of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons implemented, it still unable to release Indonesia from cases of trafficking in persons. Indonesia, is not only as primarily a source country in the trafficking process, but it is also used as a destination and transit country. And which is very terrible, all provinces (34 provinces) in Indonesia are the origin and destination of trafficking in persons and the victims are mostly experienced by women and children. The most common forms of trafficking are for forced labour and sexual exploitation as women, children and men are moved domestically and across international borders. They are exploited in the sectors of the fishing and fish processing industry, construction; plantation, oil palm plantation, mining and manufacturing. The poverty factor is considered to be the main trigger for prospective Indonesian workers. Another thing is because of natural disasters which are also vulnerable to human trafficking. In addition, endemic corruption among government officials contributes to the vulnerability of trafficking in persons, especially in the travel, hotel and labour recruitment industries. The phenomenon of globalization is one of the factors in the spread of contemporary (modern) issues, which affected to human trafficking. Advances information technology, are opportunities for the expansion of crime networks, both national and transnational (across borders). The borderless world maks cross-cultural social integration, people move around freely without any obstacles, causes various modes of crime to emerge, such as human trafficking.


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