scholarly journals Forced Labor Exploitation: Illegal Trading in Protected Goods in the Southern African Countries

2021 ◽  
Vol 5 (2) ◽  
pp. 81-94
Author(s):  
Godfrey Thenga

Human exploitation refers to the curtailment of fundamental human rights. The crime plays out notwithstanding the laws that criminalizes human abuses. This study explored the policing of human trafficking and forced labor in the Southern African countries of the Southern African Development Community (SADC) and assesses the capabilities and abilities of law enforcement agencies in the region to curb the scourge. In this study a qualitative perspective was adopted with use of literature study and interviews. The prevalence of organized criminal groupings exacerbates the problem of human trafficking and forced labor in the region. Law enforcement corruption is rife as the police are often accused of acts of receiving bribes. There are capacity constraints in the policing agencies across the region which impacts negatively on proactive enforcement of protected goods. The study reveals that respective law enforcement agencies work in seclusion and do not systematize their databases to share information with other agencies owing to a prevailing cynicism amongst countries. It is proposed that there should be harmonization of law enforcement agencies’ databases to share information for intelligence purposes and to develop defensive and responsive response mechanisms to thwart the crime.

2020 ◽  
Vol 17 (1) ◽  
pp. 11
Author(s):  
Usman Alhudawi ◽  
Ismi Sujastika

The Corruption Eradication Commission (KPK) in addition to law enforcement agencies in the scope of corruption, also has a role to carry out anti-corruption education through legal education. The implementation of legal education is carried out in educational institutions and the community. This article describes the specifics of public legal education by the KPK through the KPK's performance from various literary sources. The research method used is qualitative. This research was conducted with a literature study with qualitative data collection techniques in the form of literature study (literature). Meanwhile, the data analysis process used is data reduction, data display, verification and conclusion drawing. The results show that the performance of legal education is given to students and the public. Due to the generality nature of legal education by the KPK, it becomes a role model for legal certainty in the community. This can be seen when the KPK has conveyed its wide-ranging performance in various mass media to provide meaning and experience in monitoring the implementation of national law by the public.---------------Komisi Pemberantasan Korupsi (KPK) selain lembaga penegak hukum pada ruang lingkup tindak pidana korupsi, juga memiliki peran untuk melakukan pendidikan anti korupsi melalui pendidikan hukum. Pelaksanaan pendidikan hukum dilakukan di lembaga pendidikan dan dimasyarakat. Artikel ini membentangkan secara spesifik pendidikan hukum masyarakat oleh KPK melalui kinerja KPK dari berbagai sumber literatur. Metode penelitian yang digunakan adalah kualitatif. Penelitian ini dilakukan dengan studi literatur dengan teknik pengumpulan data kualitatif berupa studi pustaka (literatur). Sementara itu, proses analisis data yang digunakan adalan reduksi data, display data, verifikasi dan penarikan kesimpulan. Hasil menunjukan bahwa kinerja pendidikan hukum diberikan untuk kalangan pelajar dan mahasiswa serta masyarakat. Karena sifat keumuman Pendidikan hukum oleh KPK menjadi role model kepastian hukum masyarakat. Hal tersebut tampak tatkalah KPK menyampaikan kinerjanya luas diberbagai media massa sehingga memberi makna dan pengalaman memantau pelaksanaan hukum nasional oleh masyarakat.


2018 ◽  
Vol 14 (2) ◽  
pp. 493-511
Author(s):  
Laura Pajón ◽  
Dave Walsh

Abstract Human Trafficking (HT) is considered as one of the most complex crimes to investigate. However, to date, little research has been conducted concerning what occurs during criminal investigations of HT. The present study, through interviewing 21 highly experienced and senior professionals from law enforcement agencies and governmental bodies in the UK, conceptualizes HT investigations under a common framework that underpins a model for the investigation of these crimes. Data from these narratives reveals that a total number of 22 investigative actions are commonly taken throughout the investigative process, following an apparent sequential route. While participants disagreed as to when/how to initiate and conclude an investigation, absolute agreement existed when considering multi-agency collaboration, tactical advice and support, and intelligence sharing (as core elements in HT criminal investigations). Such data enables both academic and practitioner communities to better identify what are effective investigation actions when these crimes are investigated.


Author(s):  
Mykola Pavlyk

The article considers the issues of international cooperation in the investigation of crimes in the field of employment of Ukrainian citizens abroad. An analysis of the main international legal acts ratified by Ukraine on the regulation of the activities of authorized entities in the field of external labor migration. It is emphasized that external labor migration is directly related to aspects of interstate cooperation, as the vast majority of permits for employment of citizens abroad are issued through the relevant foreign diplomatic missions. The legal aspects of the interaction of authorized bodies in the course of international cooperation are studied, attention is paid to certain features of the formation of such requests and the formulation of questions in them. And crimes committed in the employment of Ukrainian citizens abroad often have group characteristics of criminal activity, even transnational in nature and are mostly related to human trafficking and their successful investigation is impossible without proper cooperation and international cooperation of relevant law enforcement agencies. The author has concluded that today in Ukraine there are no theoretical and scientifically substantiated and practically tested methodological developments on the methodology of investigation of crimes committed on employment abroad. It is possible to improve the effectiveness of the investigation of crimes committed in the field of employment abroad, to more successfully counter these phenomena and to protect the citizens of Ukraine from criminal encroachments on external labor migration in the field of employment abroad, provided participants in the provision of such international assistance and authorized entities for the effective implementation of international cooperation, taking into account the specifics of these crimes.


2016 ◽  
Vol 3 (1) ◽  
pp. 25-38
Author(s):  
Kate Garbers

This paper examines the United Kingdom’s approach to prosecutions and convictions of modern slavery and human trafficking offences. It focuses on the UK’s journey and the progress that it has made thus far, from having no legislation by which to tackle this crime to the newly enacted Modern Slavery Act (2015). The paper observes the low numbers of prosecutions leading to convictions as well as the difficulty in effective data collation and recording of trafficking offences. The paper focuses on a non- governmental organisations experience of working with victims and law enforcement agencies, using a sample of seventy four case files to record interactions with the criminal justice process. Further the paper suggests that in order for the Modern Slavery Act (2015) to obtain successful convictions, prosecution should only be seen as part of the solution and not the whole solution. It will only be a successful part of the UK narrative if it is used in conjunction with effective, long-term victim support and prevention efforts.


2021 ◽  
Vol 10 (47) ◽  
pp. 161-172
Author(s):  
Yaroslav Y. Buhaiov ◽  
Oleh P. Koretskyi ◽  
Viktoriia V. Koretska ◽  
Serhii V. Penkov ◽  
Artem O. Shapar

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.


2020 ◽  
Vol 2 (4) ◽  
pp. 457
Author(s):  
Dwi Fahri Hidayatullah ◽  
Gunarto Gunarto ◽  
Lathifah Hanim

The purpose of this research identify and analyze the role of the police in criminal investigation of Fencing of Article 480 of the Criminal Code in the jurisdiction of Police Demak and barriers and solutions encountered police officers in criminal investigation of Fencing.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: according to the Criminal Investigation: Examination of the scene, Investigation, Manufacture Minutes, examination of evidence: The search, seizure, Remarks experts, Arrest or Detention and examination of suspects, Resume, file submission. The obstacle is that not everyone knows, does not want to report to law enforcement agencies (police), collusion series of cooperation that is so neat, shrewdness suspect in storing the results of Fencing the Article applied a penalty of less leverage, less personnel in the Resmob Police Demak, because the territory and population is not proportional to the number of personnel Resmob Demak district police, the suspect did not provide information in a clear, witnesses' testimony did not support the investigation, evidence to be filed less, to overcome these obstacles, namely:Key Words: Police; Investigation; Crime; Fencing; Police Demak.


2020 ◽  
Vol 12 (1) ◽  
pp. 267-279
Author(s):  
ANETA ŁYŻWA

The article is devoted to the issue of human trafficking in legal and criminological terms, with particular emphasis on the exploitation of victims of the crime for work or forced services. The author introduces the essence of forced labour by reaching for many of its legal definitions contained in legal acts in the rank of conventions, as well as ordinary laws. At the same time, it highlights the factors that characterize the type of work indicated and allow to distinguish it from other types of violations, including violation of employee rights. The phenomenon of human trafficking is shown through the prism of its current evaluation tendencies, both globally and regionally (European, and especially EU). To this end, the author presents statistical data collected in recent years by, inter alia, the United Nations Office on Drugs and Crime, the International Labour Organization, the International Organization for Migration and the European Commission. She emphasizes, however, that the actual scale of the aforementioned crime remains unknown. A significant part of the discussion focuses on the issue of human trafficking in modern Poland, showing the scale of the dealings in question, diagnosed in recent years by law enforcement agencies. A lot of attention is also paid to the spectrum of crime threats on the Polish labour market from the perspective of foreigners. Thus, with particular care, she considers the problem of violating the employment rights of Ukrainian citizens as the largest group of foreigners illegally employed in Poland. She also shows the legal situation in this area of the citizens of Belarus, Moldova, India and Russia. She discusses this issue in the context of activities of the National Labour Inspectorate included in the audit report for 2017. The author further scientific interest includes the issue of criminalization of human trafficking in selected countries around the world. In this respect, it refers primarily to legal regulations contained in the Latvian, Hungarian, Swiss, Finnish, Ukrainian and Liechtenstein penal codes. The author’s ambition was to present the indicated issues in a concise manner, while also taking into account its most important aspects.


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.


Author(s):  
Alexey P. Albov ◽  
Vera E. Batyukova ◽  
Ekaterina I. Kobzeva ◽  
Natalia S. Ponomareva ◽  
Nikolay N. Kosarenko

The article examines the problem of the development of Russian law in the framework of the implementation of the criminal procedure norms related to drug smuggling. It is proposed to consider the prevention and effectiveness of offenses related to drug smuggling through the harmonization of national legislation. Special attention is paid to the interaction of international and domestic norms of procedural law. Special attention is paid to a comprehensive analysis of the construction of a system for the implementation of the norms of law, on which the effective achievement of goals in the suppression of crime in the sphere of drug trafficking depends. Based on the study of the material, it has been found that the mechanism for the implementation of the norms of the criminal procedure is not quite simple: on the one hand, the appeal to foreign legal norms is regarded as an unproductive scientific discourse, on the other hand, theories are modeled on the damage to one's own legal system because of unjustified borrowings from other legal systems. The results and conclusions can be used in the practical activities of customs, law enforcement agencies.


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