Transnational Human Trafficking

2019 ◽  
Vol 6 (2) ◽  
pp. 30-41
Author(s):  
Pallavi Gupta
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Transnational Crime ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Cheap Labour ◽  
Women And Children ◽  
Definition Of ◽  
Human Flesh ◽  
Source Countries

Human trafficking is a pernicious new variation on the ancient theme of slavery and trading in human flesh. It is considered a serious organised crime against humanity, reduces their sense of worth and punctures their ego and sense of dignity. Human trafficking is a transnational crime, a global problem that targets vulnerable individuals and affects every country. Its expansion depends on there being source countries with people demanding better economic living conditions, and destination countries with people or industries demanding cheap labour or cheap prostitution to enlarge their profits. The Protocol to Prevent Suppress and Punish Trafficking in Persons, especially Women and Children by United Nations marks the international community's cumulative efforts to deal with this transnational organised crime. The Trafficking Protocol was entered into force on 2003. It has been signed by 117 countries and ratified by 159 parties. This article focuses on the ambiguity of definition of human trafficking given by UNO protocol.

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.

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.

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.

Part II UN Core Conventions on Transnational Organised Crime, 8 The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons 2000

2016 ◽  
Author(s):  
Heintze Hans-Joachim ◽  
Lülf Charlotte
Keyword(s):  
Human Trafficking ◽  
Transnational Crime ◽  
Organised Crime ◽  
International Level ◽  
Trafficking In Persons ◽  
Criminal Networks ◽  
International Response ◽  
Legal Foundation ◽  
The Many ◽  
Modern Day Slavery

As ‘modern day slavery’ and one of the many forms of transnational crime, human trafficking demands an international response. The necessity of countering human trafficking comprehensively becomes apparent when looking at crimes committed, the numbers of people trafficked, and the billions criminal networks make by exploiting the vulnerable. As the pertinent legal instrument at the international level the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons can be considered the legal foundation and impetus for regional and national anti-trafficking legislation and implementing measures. This chapter analyses the UN Protocol and its regulations in detail and critically reflects on its implementation.

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.

Iqbal Masih. Le nuove schiavitů

2009 ◽  
pp. 43-63
Author(s):  
Gabriele Turi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Key Words ◽  
Human Trafficking ◽  
International Organizations ◽  
League Of Nations ◽  
International Labour Organization ◽  
Chattel Slavery ◽  
Women And Children ◽  
Definition Of

- The definition of slavery used by the international organizations - League of Nations, International Labour Organization, United Nations - has acquired an ever broader significance: in place of chattel slavery, it has come to include the different forms of the violent subjection of men, women and children in order to exploit them. The "new forms of slavery" of the contemporary period differ from the traditional ones (which still exist in some countries, such as Mauritania), while still maintaining various elements of continuity with them. The comparison between old and new forms of slavery can deepen our understanding of both at the historiographic level.Key words: Slavery, Contemporary Slavery, Human Trafficking, Human rights.Parole chiave: schiavitů, nuove schiavitů, tratta, diritti umani.

scholarly journals Incorporating the United Nations Protocol on Trafficking in Persons in the Malaysian Legal Framework

2016 ◽  
Author(s):  
Khairil Azmin bin Mokhtar ◽  
Zuraini binti Ab Hamid
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Action Plan ◽  
Legal Framework ◽  
Trafficking In Persons ◽  
National Action Plan ◽  
Department Of State ◽  
Legal Response ◽  
The Us ◽  
Women And Children

The international framework of anti-human trafficking has become the main guiding framework for countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly by the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. The UN Protocol provides a standard approach to state parties in combating human trafficking. The approach is known as “3Ps” model which aim to prevent the crime, to protect the victim and to prosecute the perpetrator. In spite of the creation of Anti-Trafficking National Action Plan (NAP) in 2012 and the passing of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007) by the Malaysian government in the US Department of State Trafficking in Persons Report 2014 (TIP) it is stated that “3Ps” approach is lacking in the Malaysian legal framework. This paper analyses whether Malaysia’s legal response through its Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other relevant legislation are in compliance with the Protocol. In this study it is found that there are many aspects of rights and protection still wanting within the legal framework of human trafficking in the country. Reformation of Malaysia’s legal framework in combating human trafficking is much needed to ensure its compliance with the international framework and in order for the local enforcement agencies to be more successful in combating the crime.

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.

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.  

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