Trafficking in Human Beings for Forced Labour. Contemporary Trends and Threats

2020 ◽  
Vol 12 (1) ◽  
pp. 267-279
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Employee Rights ◽  
Human Beings ◽  
Law Enforcement Agencies ◽  
Legal Situation ◽  
Penal Codes ◽  
Forced Labour ◽  
Drugs And Crime ◽  
Employment Rights

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.

Do cryptocurrencies enable and facilitate modern slavery?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohammed Ahmad Naheem
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Financial Institutions ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Operational Mechanism ◽  
Modern Slavery ◽  
Forced Labour ◽  
Detection Mechanisms

Purpose The purpose of this paper is to investigate the role of cryptocurrencies in facilitating operations relating to modern slavery and specifically human trafficking. Over the past decade, law enforcement agencies and intergovernmental organisations have established mechanisms, including financial regulations, to curb and identify such operations. Regulation over conventional financial institutions has greatly aided in identifying cross-border and transregional trafficking operations. However, there remains concern over the role of cryptocurrencies in the modern trafficking enterprise. Design/methodology/approach This paper follows a review of the literature, discussing specific cases that have exposed the role of cryptocurrencies in facilitating human trafficking. This paper first presents a comprehensive discussion on the existing operational mechanism of organisations in human trafficking. Subsequently, it determines the potential use of cryptocurrencies in circumventing detection by law enforcement agencies. Findings This paper finds that existing controls have allowed law enforcement to identify illicit transactions concerning human trafficking through conventional financial institutions. However, the most effective mechanism of identifying such operations is becoming increasingly difficult with the use of cryptocurrencies. Although there are potential solutions to the issues, cryptocurrencies, and the anonymity they offer, have allowed criminal organisations to evade detection using a more active marketplace through the internet. Research limitations/implications Law enforcement agencies and regulators must take into account the nature of cryptocurrencies and the limitations of regulations on such global virtual assets. Instead, this paper’s findings suggest alternate methods, including regulation on exchanges, blockchain use for documentation and investments in detection technologies that allow identification of trafficking operations and forced labour. Originality/value This paper presents existing cases and growing concerns that cannot be quantified in the current circumstance. Further, the paper aims to specifically discuss the role of cryptocurrencies in the existing human trafficking supply chain, offering readers and law enforcement agencies a perspective into criminal organisations’ combination of conventional trafficking operations and modern technological resources. Further, it makes a recommendation to invest in detection mechanisms that are different from the conventional theory based on identification by “following the money”.

Trafficking in Human Beings: Training and Services among US Law Enforcement Agencies

2006 ◽  
Vol 7 (2) ◽  
pp. 149-160 ◽  
Author(s):  
Deborah G. Wilson ◽  
William F. Walsh ◽  
Sherilyn Kleuber
Keyword(s):  
Law Enforcement ◽  
Human Beings ◽  
Law Enforcement Agencies ◽  
Trafficking In Human Beings

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals Proposing a Theoretical Framework for the Criminal Investigation of Human Trafficking Crimes

2018 ◽  
Vol 14 (2) ◽  
pp. 493-511
Author(s):  
Laura Pajón ◽  
Dave Walsh
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Agencies ◽  
Criminal Investigations ◽  
Intelligence Sharing ◽  
Core Elements ◽  
Common Framework ◽  
Absolute Agreement ◽  
The Uk ◽  
Investigative Process

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.

scholarly journals Open sources revіew on salw illegal use and seizures in Ukraine (2019)

2020 ◽  
Vol 4 (92) ◽  
pp. 299-324
Author(s):  
В.С. Безногих
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Summary Table ◽  
The Subject ◽  
The Russian Federation ◽  
Drugs And Crime ◽  
Criminal Legislation ◽  
The Impact ◽  
Qualitative Characteristics ◽  
Monitoring Platform

The article provides an analysis of crime related to firearms, ammunition and explosives. It is written based on the results of the study of information on this category of crimes collected in open sources (law enforcement websites and media news resources). In contrast to the departmental statistics and narrative reports that serve certain tasks of law enforcement agencies, the present analysis attempts to describe additional qualitative characteristics for this category of crimes in order to identify more specific trends and determine the impact of the situation in south-eastern Ukraine caused by the armed aggression of the Russian Federation. Relying on his experience of work in the United Nations Office on Drugs and Crime (UNODC) projects, the author of the study attempts to adapt and apply the principles of collecting of qualitative information from open sources, which are used to collect information on drug-related crimes for the Drug Monitoring Platform in the Afghan Opiate Trade Project (AOPT). The study covers all types of crimes related to firearms, ammunition and explosives, both those in which the weapon is the subject of a crime (illegal possession, sale, smuggling), and crimes in which a weapon or explosive used as an instrument of crime (murder, attempted murder, armed robbery, property damage, hooliganism). The study also includes cases of illegal use of traumatic firearms, which within the existing criminal legislation of Ukraine are classified as hooliganism. The article provides summary table on prices for certain types of weapons and ammunition in the regions of Ukraine based on the results of successful operations of weapons purchasing realized by law enforcement agencies. In general, the materials presented in the article are an additional source of criminalistics information and can serve as a basis for further analysis and research.  

scholarly journals Human Trafficking in the Context of Global Migration: Modern Manifestation of De Facto Slavery, Servitude and Forced or Compulsory Labour

2021 ◽  
Vol 10 (2) ◽  
pp. 191-215
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Trafficking ◽  
Criminal Responsibility ◽  
Direct Consequence ◽  
Domestic Workers ◽  
Human Beings ◽  
Global Migration ◽  
Work Permit ◽  
Domestic Courts ◽  
Forced Labour ◽  
Diplomatic Immunity

Abstract In recent years there has been a significant increase in trafficking in human beings as a global phenomenon. COVID-19 pandemic created conditions that increased the number of persons who were vulnerable to human trafficking and disrupted current and planned anti-trafficking initiatives. Human trafficking treats human beings as commodities to be bought and sold and put to forced labour often for lower or no payment. This constitutes a modern form of de facto slavery, servitude and forced or compulsory labour. This article provides an overview of international law on human trafficking and considers response to human trafficking in Africa. It further considers whether diplomats can be held accountable for exploitation of migrant domestic workers in receiving States. It further examines whether diplomatic immunity can be used as a bar to the exercise of jurisdiction by domestic courts and tribunals of a state which hosts the diplomat (the ‘receiving state’) in cases of employment of a trafficked person by a former or serving diplomat. It ends by considering whether trafficked persons should be held to bear individual criminal responsibility for crimes they have committed (or were compelled to commit) in the course, or as a direct consequence, of having been trafficked. Such crimes may include unlawful entry into, presence or residence in another country of transit or destination, working without a work permit, sex work, and use of false identity/false passport.

scholarly journals International cooperation in the investigation of crimes in the field of employment abroad

2020 ◽  
Vol 3 (3) ◽  
pp. 281-288
Author(s):  
Mykola Pavlyk
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
International Cooperation ◽  
Labor Migration ◽  
Criminal Activity ◽  
Legal Aspects ◽  
Law Enforcement Agencies ◽  
Interstate Cooperation ◽  
Effective Implementation ◽  
Group Characteristics

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.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

scholarly journals Prosecuting Human Trafficking - Progress in the UK

2016 ◽  
Vol 3 (1) ◽  
pp. 25-38
Author(s):  
Kate Garbers
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Law Enforcement Agencies ◽  
Modern Slavery ◽  
Case Files ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Uk ◽  
Data Collation

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.

Female Racial and Linguistic Exploitation Through Economics: A Marxist Feminist Analysis of Kamila Shamsie’s Selected Works

2020 ◽  
pp. 81-94
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Point Of View ◽  
Quality Education ◽  
Human Beings ◽  
Law Enforcement Agencies ◽  
Feminist Analysis ◽  
Secondary Sources ◽  
Language Analysis ◽  
History Of

Regardless of quality education, alteration of conservative era into modernization and escalating the streamers of gender equality, women are still standing at the verge of being victim of cruelty, injustice, malice, forced marriages, sexual violence and hatred. The law enforcement agencies themselves become part of exploiting women’s rights, co-modifying them and reinforcing the stereotype in this patriarchal society. When discussing the fate of women it matters less whether they are the women of East or West. Culture change, place change, traditions and values change, but the thing that never change is the behavior of community towards women. However, women are going to become abandoned or protagonist, it depends upon the inner courage of women. For an instance, women become helpless and start feeling them as the caged birds that can never flew independently. On the other hand, some women refuse to become the part of darkness and decide to become spark in nightfall. Moreover, Pakistan is land of tremendous examples about such women. Since the dawn history of human beings, subjugation towards the identity of women’s status has been observed in different communities and cultures. Additionally, this subjugation is deeply rooted and exists on a large scale in Pakistani society. Therefore, this proposed study is the splendid reflection of this acrimonious datum by ascertaining our point of view with the bounteous examples from the stories of “Burnt Shadows”, “Broken Verses” and “Home Fire” by Kamila Shamsie. This study will be a milestone for presenting the women’s condition in Pakistan and clearing the depiction that in developing countries like Pakistan, women are only victims of cruelty. For this purpose, Marxist’s interpellation theory was used to enlighten the feminist, race and language analysis by using the primary and secondary sources for data collection. Results concluded on the basis detailed analysis of all the novels explain that the systematic flow in the lives of women that is hidden in the generosity of world that can rampant the prestige of humanity up to great extent.

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