1.12 - Trafficking & Anti-trafficking Policies - notes

The definition of human trafficking

Human trafficking is a serious crime involving the exploitation of individuals through force, fraud, or coercion.

Legal definition

According to the USA's Trafficking and Violence Protection Act (TVPA), severe forms of trafficking include sex trafficking where a commercial sex act is induced by force, fraud, or coercion, or involves a person under 18 years of age. It also includes the recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services through force, fraud, or coercion, leading to involuntary servitude, debt bondage, or slavery.

A victim does not need to be physically moved from one place to another for the act to be classified as trafficking.

Geographic patterns and global responses to trafficking

Human trafficking is a widespread issue affecting numerous countries, often crossing international borders.

Patterns of trafficking

• Transborder nature - Historically, trafficking often occurred between two countries, but it has increasingly become a multinational issue involving several nations.
• Global distribution - Trafficking is reported in many regions worldwide.

International responses

United Nations initiatives:

• In 2015, anti-trafficking measures were integrated into three of the 17 UN Sustainable Development Goals.
• The United Nations has issued two comprehensive reports on global trafficking.

USA's efforts:

• The USA publishes an annual Trafficking in Persons Report.
• The Trafficking and Violence Protection Act (TVPA 2000) promotes a three-pronged approach:
  • Protection - Enhancing efforts to safeguard all victims of trafficking.
  • Prosecution - Pursuing legal action against traffickers.
  • Prevention - Supporting other governments in reducing trafficking activities.

Populations at increased risk of trafficking

Certain groups within society face a higher likelihood of becoming victims of human trafficking.

Vulnerable groups

• Refugees and migrants - Displaced individuals often lack legal protection or resources, making them easy targets for exploitation.
• Stateless persons - Those without citizenship or official documentation are at risk due to their lack of legal identity and rights.
• Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals - Discrimination and social exclusion increase their vulnerability to trafficking.
• Religious minorities - Groups facing persecution or marginalisation may be targeted by traffickers.
• People with disabilities - Physical or cognitive impairments can limit their ability to seek help or escape exploitative situations.

Case study on trafficking of Nigerian women to Europe

The trafficking of women from Nigeria to Western Europe for sexual exploitation represents one of the continent's long-standing trafficking routes.

Details of the trafficking route

• Established flow - This route is well-documented, with Nigerian women often comprising over 10% of trafficked individuals in Europe.
• Nature of exploitation - The primary purpose is sexual exploitation.
• Associated crimes - Evidence from the United Nations indicates high levels of corruption and blackmail within this trafficking network. Additionally, the prostitution gangs involved are frequently linked to the drug trade in Europe.

Anti-trafficking policies and criminal justice responses

Efforts to combat human trafficking involve a combination of preventive policies, public awareness campaigns, and criminal justice measures.

Strategies to prevent trafficking

• Public awareness - Raising knowledge about trafficking helps communities identify and report suspicious activities.
• Policy design - Governments are encouraged to implement up-to-date systems for registering births and monitoring migration to prevent undocumented individuals from becoming targets.
• International agreements - Around 90% of countries are now signatories to the UN 2003 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This marks significant progress, as in 2003, around 65% of countries had no specific laws criminalising trafficking, a figure that dropped to just over 25% by 2006.
• Gaps in legislation - Despite progress, approximately two billion people reside in regions where trafficking is not criminalised. Notably, eight countries in Africa and the Middle East, some with large populations, still lack anti-trafficking laws.

Criminal justice measures

• Low conviction rates - According to the latest UN report covering 128 countries, 15% of these nations recorded no convictions for trafficking.
• Confiscation of proceeds - Many governments and non-governmental organisations (NGOs) support seizing the financial gains from trafficking as a punishment and deterrent. This measure disrupts criminal networks by cutting off funding, reinforces the message that crime does not pay, and can garner public support.
• Limited victim support - Despite these efforts, assistance for victims remains very limited.