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7, No1, 2023

INTERNATIONAL LEGAL FRAMEWORK ON HUMAN Human Trafficking are also analyzed. Human trafficking, as
TRAFFICKING AND CRIMINAL LIABILITY ON recognised in the Declaration of the High-level Meeting on the
TRAFFICKERS Rule of Law Trafficking in Persons, preys on the vulnerability
of victims and can be considered as a premeditated crime. The
BY United Nations Office on Drugs and Crime (UNODC), as
guardian of the United Nations Convention against
Paul Nwala, PhD. Transnational Organized Crime (UNTOC) and the Protocols
Department of History and International Diplomacy thereto, assists States in their efforts to implement the Protocol
to Prevent, Suppress and Punish Trafficking in Persons
Rivers State University, Nkpolu-Oroworukwo
(Trafficking in Persons Protocol). This paper adopted the
Port Harcourt, Nigeria content analysis research method. Data was gathered and
Email: [email protected] analyzed critically from various sources, including Anti-
TEL: 08037750746, & +22964115701 Trafficking Review Journals and UNODC reports as well as
other writers and reportson human trafficking and criminal
liability. This study recommends that states should cooperate
ABSTRACT in fighting the crime of trafficking in persons through the
application of international law and ensure that no trafficker
Human trafficking involves recruitment, harbouring or goes unpunished. There should be consistency and consensus
transporting people into a situation of exploitation through the around the world on the phenomenon of trafficking in persons.
use of violence, deception or coercion and forced to work In conclusion, domestic legislation on Human Trafficking does
against their will. People can be trafficked for many different not need to follow the language of the Trafficking in Persons
forms of exploitation such as forced prostitution, forced labour, Protocol precisely, but should be adapted in accordance with
forced begging, forced criminality, domestic servitude, forced domestic legal systems to give effect to the concepts contained
marriage, and forced organ removal. It has become a serious in the Protocol.
global problem that despite legal efforts so far put in place to Keywords: Criminal Liability, Human Trafficking,
combat, it has continued to persist. This paper aimed at International Frameworks.
examining the concept of human trafficking as a crime and
analyzing the criminal liability on traffickers in order to ensure
that it is the perpetrators of does not go unpunished.. This
paper buttresses that human trafficking is not limited to areas
of conflict and for sex exploitation. Human trafficking can
occur anywhere there is demand for labour. The limitations of
international frameworks that exists towards the fight against
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Wukari International Studies Journal, Vo.7, No1, 2023

INTRODUCTION abuse of power or of a position of vulnerability or of the giving

or receiving of payments or benefits to achieve the consent of a
Human trafficking is the trade of humans for the purpose of person having control over another person, for the purpose of
forced labour, sexual slavery, or commercial sexual exploitation. Exploitation shall include, at a minimum, the
exploitation for the trafficker or others.1 This may encompass exploitation or the prostitution of others or other forms of
providing a spouse in the context of forced marriage, or the sexual exploitation, forced labour or services, slavery or
extraction of organs or tissues,2 including for surrogacy and practices similar to slavery, servitude or the removal,
ova removal. Human trafficking can occur within a country or manipulation or implantation of organs;
trans-nationally. Human trafficking is a crime against the
person because of the violation of the victim's rights of (b) The consent of a victim of trafficking in persons to the
movement through coercion and because of their commercial intended exploitation set forth in sub-paragraph (a) of this
exploitation. Human trafficking is the trade in people, article shall be irrelevant where any of the means set forth in
especially women and children, and does not necessarily subparagraph (a) have been used;
involve the movement of the person from one place to
another.34 (c) The recruitment, transportation, transfer, harbouring or
receipt of a child for the purpose of exploitation shall be
The Trafficking Protocol, which had 117 signatories and as of considered "trafficking in persons" even if this does not
November, 2018 173 parties,5 defines human trafficking as: involve any of the means set forth in sub-paragraph (a) of this
article;
(a) the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of threat or use of force or other (d) "Child" shall mean any person under eighteen years of age.
forms of coercion, of abduction, of fraud, of deception, of the
Trafficked people are held against their will through acts of
1
coercion, and forced to work for or provide services to the
"UNODC on human trafficking and migrant smuggling". United Nations trafficker or others. The work or services may include anything
Office on Drugs and Crime. 2011.
2
"Trafficking in organs, tissues and cells and trafficking in human beings for from bonded or forced labour to commercial sexual
the purpose of the removal of organs" (PDF). United Nations. 2009. exploitation.6 The arrangement may be structured as a work
3
Trafficking In Persons Report June 2019 (PDF) (Report). U.S. State contract, but with no or low payment, or on terms which are
Department.
4
Global Report on Trafficking in Persons (PDF) (Report). United Nations
6
Office on Drugs and Crime. 2018. UNODC on human trafficking and migrant smuggling". United Nations
5
UNTC, 2015 Office on Drugs and Crime. 2011.
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highly exploitative. Sometimes the arrangement is structured as engaged in domestic work. These victims are sorely dependent
debt bondage, with the victim not being permitted or able to on their exploiters for safety, food and shelter and most endure
pay off the debt. harsh working conditions. They do not have any form of
identification and as such cannot attempt escape.
Overall, literature on human trafficking largely reflects the
perspectives of those who have lobbied to criminalize and 3. Forced Marriage: Families use the above as a survival
punish human trafficking more than those affected by it. It has strategy by trafficking the girl child as a bride.
led to a literature gap on human trafficking that manifests as
significant misconceptions about the extent and the nature of 4. Illicit Adoption: There is an increase in demand for adoption
the issue. Misconceptions about human trafficking include that and this has helped to propel the unlawful trafficking of babies
it is primarily a sex trade, that it is a problem exclusively and young children. In the developing countries, sometimes
documented in developed countries, and that trafficking is only mothers sell their baby or young child and at other times the
a problem in areas of conflict. Human trafficking is more likely infant is stolen and mothers are told the baby was stillborn.
to be a problem in low and middle-income countries than in 5. Organised Crime: This involve a situation whereby those
developed countries. It is not limited to areas of conflict. trafficked are being used to commit several forms of crimes in
Human trafficking can occur anywhere there is demand for a country especially such as terrorism, banditry and
labour. transnational peddling of illicit drugs etc.
Perpetrators of the crime of human trafficking go into it for CAUSES OF HUMAN TRAFFICKING
several purposes other than sexual exploitation. These include:
Human trafficking is a global, complex, and heartbreaking
1. Labour Exploitation: Boys are trafficked in most cases for issue. For approximately 40 million people, it’s not some
labour exploitation, especially to work in plantations, mines or obscure, disconnected concept that is hard to comprehend; it is
in other hazardous conditions, such as handling of chemicals a reality they’re forced to live in daily. If we want to
and pesticides or operation machines. They are in most times effectively contribute to the eradication of modern slavery, we
isolated within the destination countries and are fearful of must first understand what causes it and how it affects those
reporting the abusive work conditions to authorities. involved. Only then can we start making strategic moves to
2. Domestic Work: It is estimated that 80 million or 41% of stop human trafficking and truly help those in need.
African children, most being girls and between 5-14 years are

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The root cause of human trafficking is traffickers. Traffickers Convention against Transnational Organized Crime (CTOC)
prey on others’ weaknesses, unfortunate circumstances, which entered into force on 25 December 2003. The protocol is
unfamiliarity, and inexperience. Traffickers are trained to one of three which supplement the CTOC and is the most
identify vulnerability and use expert manipulation tactics to reputable and recent instruments of international law that have
persuade and control their victims. They identify a void and set the course for how to define, prevent, and prosecute human
offer to fill it. trafficking. The Trafficking Protocol is the first global, legally
binding instrument on trafficking in over half a century, and
Vulnerability creates opportunity for traffickers. Individuals the only one with an agreed-upon definition of trafficking in
living in difficult conditions can become desperate, and that persons. One of its purposes is to facilitate international
desperation makes them vulnerable7. While the following cooperation in investigating and prosecuting such trafficking.
categories do not cause human trafficking, they do create a Another is to protect and assist human trafficking victims with
state of vulnerability and ideal opportunities for traffickers to full respect for their rights as established in the Universal
strike. This vulnerability can be caused by poverty, Declaration of Human Rights8.
unemployment, displacement, lack of knowledge or experience
or even as a result of broken families. Victims who are Instruments that have dealt with human trafficking date back to
displaced from homes or faced with poor and low standard of the abolition of slavery. They include provisions within the
living become targets to perpetrators of human trafficking, who Slavery Convention (1926) and the Supplementary Convention
prey on their susceptibility and weakness. on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery (1956). Additional tools of
INTERNATIONAL LEGAL FRAMEWORK ON HUMAN international law that include segments against the trafficking
TRAFFICKING of persons include: The Universal Declaration of Human
Although human trafficking can occur at local, domestic or Rights (1948), the International Covenants on Civil and
transnational levels, it has international implications, as Political Rights (1966), The United Nations Convention for the
recognized by the United Nations in the Protocol to Prevent, Suppression of the Traffic in Persons and of the Exploitation of
Suppress and Punish Trafficking in Persons, especially Women the Prostitution of Others (1949), and the Convention on the
and Children (also referred to as the Trafficking Protocol or the Elimination of all Forms of Discrimination Against Women
Palermo Protocol), an international agreement under the UN (1979). These instruments laid the foundation for the

7 8
Hartmann, Causes of Human Trafficking, 2001 UNCTOC, 2003
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contemporary conventions and efforts to eliminating interpretation. However, this has also resulted in widely
trafficking. differing interpretations, for example, as to how exploitative an
employment relationship has to be before one can say that a
United Nations Legal Instrument person was recruited and transported “for the purpose of
This Protocol is important as it provides a common definition exploitation”.
of trafficking and sets international standards. When comparing this definition to that of the 1949 UN
Art. 3(a) of the Palermo Protocol defines trafficking as: Convention for the Suppression of the Traffic in Persons and of
the Exploitation of the Prostitution of Others, in which any
The recruitment, transportation, transfer, harbouring or receipt form of prostitution itself is considered trafficking, the
of persons, by means of the threat or use of force or other achievement of the Palermo Protocol is that it recognises
forms of coercion, of abduction, of fraud, of deception, of the exploitation as the defining criterion: The core of the crime is
abuse of power or of a position of vulnerability or of the giving abuse, violence and exploitation, rather than the movement
or receiving of payments or benefits to achieve the consent of a across borders or the line of work. It recognises all forms of
person having control over another person, for the purpose of forced labour and slavery-like practices as trafficking. A
exploitation. Exploitation shall include, at a minimum, the shortcoming of the Protocol is that it is developed within a
exploitation of the prostitution of others or other forms of criminal justice framework and therefore does not include any
sexual exploitation, forced labour or services, slavery or binding provisions for the protection of the human rights of
practices similar to slavery, servitude or the removal of trafficked persons.
organs9.
United Nations Office on Drugs Crimes (UNODC)
The definition of the Palermo Protocol has been an issue of Response to Human Trafficking
major struggle and dispute between those who consider
prostitution itself to constitute trafficking (abolitionists) and UNODC offers practical help to States, not only helping to
those who consider prostitution as work labour, acknowledging draft laws and create comprehensive national anti-trafficking
the sex industry as a sector in which trafficking occurs. The strategies but also assisting with resources to implement them.
definition of trafficking in the Palermo Protocol represents a States receive specialized assistance including the development
compromise between these positions as it allows room for of local capacity and expertise, as well as practical tools to
encourage cross-border cooperation in investigations and
9 prosecutions.
UN Human Rights, Protocol on Trafficking Persons
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The adoption in 2000 by the United Nations General Assembly on combating the sexual abuse and sexual exploitation of
of the Protocol to Prevent, Suppress and Punish Trafficking in children and child pornography.11
Persons, Especially Women and Children marked a significant
milestone in international efforts to stop the trade in people. As The Hague Convention on Protection of Children and Co-
the guardian of the Protocol, UNODC addresses human operation in Respect of Intercountry Adoption (or Hague
trafficking issues through its Global Programme against Adoption Convention) is an international convention dealing
Trafficking in Persons. A vast majority of States have now with international adoption, that aims at preventing child
signed and ratified the Protocol but translating it into reality laundering, child trafficking, and other abuses related to
remains problematic. Very few criminals are convicted and international adoption.12
most victims are probably never identified or assisted. The Optional Protocol on the Involvement of Children in
Armed Conflict seeks to prevent forceful recruitment (e.g. by
Current International Treaties (General)
guerrilla forces) of children for use in armed conflicts.13
Supplementary Convention on the Abolition of Slavery,
entered into force in 1957 Protocol to Prevent, Suppress and  International LabourOrganisationForced Labour
Punish Trafficking in Persons, especially Women and Children Convention, 1930 (No. 29);
Protocol against the Smuggling of Migrants by Land, Sea and  International LabourOrganisation Abolition of Forced
Air Optional Protocol on the Sale of Children, Child Labour Convention, 1957 (No. 105);
Prostitution and Child Pornography.  International LabourOrganisation Minimum Age
Convention, 1973 (No. 138);
Other international legal frameworks include:  International LabourOrganisation Worst Forms of Child
Labour Convention, 1999 (No. 182).
The United Nations Convention on the Rights of the Child at
Article 34, states, "States Parties undertake to protect the child CRIMINAL LIABILITIES ON HUMAN TRAFFICKING
from all forms of sexual exploitation and sexual abuse".10 In
the European Union, commercial sexual exploitation of There are two types of criminal liability: individual and
children is subject to a directive – Directive 2011/92/EU of the corporate. Generally, individuals are prosecuted for their role
European Parliament and of the Council of 13 December 2011 11
Directive 2011/92/EUof The European Parliament Andof The Council
12
Convention of 29 May 1993 on Protection of Children and Co-operation
in Respect of Intercountry Adoption
10 13
Convention on the Rights of the Child Optional Protocol to the Convention on the Rights of the Child
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in human trafficking, but the state's law-enforcement agencies  Kidnapping or carrying away a person with the intent to
struggle to punish corporations for a range of reasons, hold or sell them into slavery
including that criminal procedure to pursue corporations is
inadequate, punishments do not punish the most culpable  Transporting a person with the knowledge or intent that
individuals, and inadequate effort is made to calculate the true the person be held or sold as a slave
cost to restore and compensate victims of trafficking because
 Sale of a person into involuntary servitude.
they were victims of crime.14
 Destruction, concealment, removal, or confiscation of a
When victims of human trafficking are set free, they often have
person's passport or other documents with the intent to
the opportunity to testify against the perpetrator. Some victims
traffic them or for the purpose of restricting or
opt out of testifying for fear of retaliation from the traffickers.
preventing their travel.
Vanderberg describes victims of trafficking during trial, stating
that “trafficking victims frequently find the criminal  Profiting from peonage, slavery, or trafficking in
prosecutions of their traffickers terrifying. Fearful of the persons.
traffickers, a trafficking victim may be concerned for his or her
safety, as well as that of family members.”15The modern form The details of the offense determine the punishment those
of human trafficking often involves the sex trade and convicted of these offenses may face.
disproportionately impacts vulnerable populations, such as
The penalties for human trafficking are severe. A conviction
minors and undocumented immigrants.
for holding a person in peonage carries potential fines and a
In the United States of America for instance, a number of acts maximum prison term of 20 years in a federal prison. If a death
that can be associated with human trafficking include, with results or the violation included kidnapping, sexual abuse, or
established punishments, include: other aggravating factors, the maximum punishment increases
to life imprisonment16.
 Luring or enticing a person to go onboard a vessel or
any other place with the intention that they be made or Sex trafficking of children, or by fraud, force, or coercion carry
held as a slave. enhanced penalties. Prison sentences for these offenses carry a
potential life sentence and a minimum of 10 years in prison (or
14
Palmer, ‘Prosecuting Corporate Crime in Indonesia: Recruitment Agencies more, depending on the details of the offense and the victim).
that Traffic Migrant Workers’. 2020
15 16
Vanderberg, Giving Back: Combating Human Trafficking, 2012 US Bill report, 2003
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The law also prohibits and punishes attempts and conspiracies those prior convictions. Under the measure, offenders
relating to human trafficking. It orders the forfeit of any convicted of human trafficking that resulted in great bodily
property used in violation of the law as well as any proceeds injury to the victim could be punished with additional terms of
from the act. The law includes clauses for the mandatory up to ten years. The measure also permits criminal courts to
payment of restitution to the victim for the full amount of their impose fines of up to $1.5 million for human trafficking
losses, as determined by the court. offenses.

Existing state law contains similar criminal prohibitions against In Italy, a major case in April 2007, the courts sentenced four
human trafficking. Specifically, state law defines human Italians and three Romanian human traffickers to between three
trafficking as violating the liberty of a person with the intent to and twelve years’ imprisonment after they were convicted for
either (1) commit certain felony crimes (such as prostitution) or the forced prostitution and exploitation of 200 Roma children
(2) obtain forced labor or services. Human trafficking is between 2004 and 2006. In June 2007, the government
punishable under state law by a prison sentence of up to five prosecuted eight other perpetrators on charges of sexually
years or, if the victim is under the age of 18, by a state prison exploiting children by coercing them into performing sexual
sentence of up to eight years. Offenders convicted of human acts in exchange for small gifts.
trafficking crimes that result in great bodily injury to the victim
can be punished with additional terms of up to six years17. Spain prohibits all forms of trafficking in persons through
Article 318 of its Criminal and Penal Code. The prescribed
The more severe criminal penalties for human trafficking penalties for sex trafficking is five to 15 years’ imprisonment,
measure increases the prison sentence for labor trafficking and the penalty for labor trafficking is four to 12 years in
crimes to a maximum of 12 years per offense, and for sex prison. These are sufficiently stringent, and the penalties
trafficking of adults to up to 20 years per offense. Sex prescribed for sex trafficking are commensurate with the
trafficking of minors that involved force or fraud would be prescribed penalties for rape. The government implemented
punishable by up to a life term in prison. new legislation in 2007 that increased prescribed penalties for
trafficking by two to six years in prison if the offender is found
In addition, the measure specifies that offenders convicted of to be part of a criminal organization, and passed additional
human trafficking with previous convictions for human legislation in 2007 that allows Spanish courts to prosecute
trafficking receive additional five-year prison terms for each of cases of trafficking that have occurred outside Spain’s borders.

17
Human Trafficking Penalties, California Proposition 35, 2012
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In Nigeria, the 2003 Trafficking in Persons Law Enforcement rehabilitation there is a human being who has been tragically
and Administration Act, amended in 2005 to increase penalties affected.
for trafficking offenders, prohibits all forms of human
trafficking. The law's prescribed penalties of five years' Italy is a destination, transit, and source country for women,
imprisonment and/or a $670 fine for labor trafficking, 10 years' children, and men subjected to sex trafficking and forced labor.
imprisonment for trafficking of children for forced begging or Victims originate from Nigeria, Romania, Morocco, China, and
hawking, and 10 years to life imprisonment for sex trafficking other countries. Female victims are often subjected to sex
are sufficiently stringent and commensurate with penalties trafficking in Italy after accepting promises of employment as
prescribed for other serious crimes, such as rape. dancers, singers, models, restaurant servers, or caregivers.
Romanian and Albanian criminal groups force Eastern
Nigeria's 2003 Child Rights Act also criminalizes child European women and girls into commercial sex. Nigerians
trafficking, though only 23 of the country's 36 states, including represent 21 percent of victims, with numbers nearly doubling
the Federal Capital Territory, have enacted it. According to the in 2016 to approximately 7,500 victims18. Nigerian women and
Nigerian constitution, laws pertaining to children's rights fall girls are subjected to sex and labor trafficking through debt
under state purview; therefore, the Child Rights Act must be bondage and coercion through voodoo rituals. Men from
adopted by individual state legislatures to be fully Africa, Asia, and Eastern Europe are subjected to forced labor
implemented. NAPTIP reported 149 investigations, 26 through debt bondage in agriculture in southern Italy and in
prosecutions, and 25 convictions of trafficking offences during construction, house cleaning, hotels, and restaurants in the
the reporting period under the 2003 Trafficking in Persons Act. north. Chinese men and women are forced to work in textile
Sentences ranged from two months to 10 years, with an factories in Milan, Prato, Rome, and Naples. Children
average sentence of 2.66 years' imprisonment; only two subjected to sex trafficking, forced begging, and forced
convicted offenders were offered the option of paying a fine criminal activities are from Romania, Nigeria, Brazil,
instead of serving prison time. Morocco, and Italy, particularly Romani and Sinti boys who
may have been born in Italy. Transgender individuals from
CASES OF HUMAN TRAFFICKING Brazil and Argentina are subjected to sex trafficking in Italy.
All too often, individual stories of crime victims are buried Unaccompanied children are at risk of trafficking, particularly
beneath a multitude of statistics. It is important to remember boys from Somalia, Eritrea, Bangladesh, Egypt, and
that for each statistic, each prosecution, and each victim Afghanistan, who often work in shops, bars, restaurants, and
18
US State Department, Trafficking in Persons Report, 2008
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bakeries to repay smuggling debts. Italian men engage in child Nigerian women and children are taken from Nigeria to other
sex tourism abroad, including in countries across Africa, Latin West and Central African countries, primarily Gabon,
America, and East Asia. Cameroon, Ghana, Chad, Benin, Togo, Niger, Burkina Faso,
and the Gambia, for the same purposes. Children from West
The estimated number of trafficking victims in Italy increased African states like Benin, Togo, and Ghana – where Economic
significantly due to the continued dramatic flow of migrants Community of West African States (ECOWAS) rules allow for
and asylum-seekers arriving by boat from sub-Saharan Africa. easy entry – are also forced to work in Nigeria, and some are
Italy received 181,436 irregular arrivals by sea in 2016, added subjected to hazardous jobs in Nigeria's granite mines.
to the 154,000 arrivals in 2015. More than one-half requested Nigerian women and girls are taken to Europe, especially to
asylum, demonstrating possible vulnerability to trafficking. Italy and Russia, and to the Middle East and North Africa, for
One international organization estimated more than 7,500 forced prostitution20.
likely trafficking victims arrived from Nigeria alone in 2016,
compared to an estimated 2,800 in 2015. Of total arrivals in The legal liability on Human traffickers is that offenders are
2016, 25,846 were unaccompanied children, mostly boys and a usually subjected to criminal trials and if found culpable risks
majority from Africa. Many went north to other European being jailed or even sentenced to life imprisonment depending
countries, while others looked for employment outside on the gravity of the trafficked purpose or usage. The crime of
protected shelters. Children remaining in Italy were particularly human trafficking is highly prohibited by both domestic and
vulnerable to trafficking in the informal agriculture, hospitality, international laws, hence criminal liability is imposed on any
and construction sectors, or were forced by traffickers into offender under a criminal justice system.
begging19.
INTERNATIONAL LEGAL REMEDIES FOR HUMAN
Nigeria is a source, transit, and destination country for women TRAFFICKING
and children subjected to trafficking in persons including
forced labor and forced prostitution. Trafficked Nigerian The United Nations Global Initiative to Fight Human
women and children are recruited from rural areas within the Trafficking (UNGIFT) was conceived to promote the global
country's borders – women and girls for involuntary domestic fight on human trafficking, on the basis of international
servitude and sexual exploitation, and boys for forced labor in agreements reached at the UN. UNGIFT was launched in
street vending, domestic servitude, mining, and begging. March 2007 by UNODC with a grant made on behalf of the

19 20
US State Department, Trafficking in Persons Report, 2017 Ibid.
381
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United Arab Emirates. It is managed in cooperation with the In 2007, the U.S. Senate designated 11 January as a National
International Labour Organization (ILO); the International Day of Human Trafficking Awareness in an effort to raise
Organization for Migration (IOM); the UN Children's Fund consciousness about this global, national and local issue. In
(UNICEF); the Office of the High Commissioner for Human 2010, 2011, 2012 and 2013, President Barack Obama
Rights (OHCHR); and the Organization for Security and Co- proclaimed January as National Slavery and Human
operation in Europe (OSCE). Trafficking Prevention Month. Along with these initiatives
libraries across the United States are beginning to contribute to
UNODC efforts to motivate action launched the Blue Heart human trafficking awareness. Slowly, libraries are turning into
Campaign Against Human Trafficking on 6 March 2009, educational centers for those who are not aware of this issue.
which Mexico launched its own national version of in April They are collaborating with other organizations to train staff
2010. The campaign encourages people to show solidarity with members to spot human trafficking victims and find ways to
human trafficking victims by wearing the blue heart, similar to help them21.
how wearing the red ribbon promotes transnational HIV/AIDS
awareness. On 4 November 2010, the then U.N. Secretary- In 2003, the OSCE established an anti-trafficking mechanism
General, Ban Ki-moon launched the United Nations Voluntary aimed at raising public awareness of the problem and building
Trust Fund for Victims of Trafficking in Persons to provide the political will within participating states to tackle it
humanitarian, legal and financial aid to victims of human effectively. The OSCE actions against human trafficking are
trafficking with the aim of increasing the number of those coordinated by the Office of the Special Representative for
rescued and supported, and broadening the extent of assistance Combating the Traffic of Human Beings. In January 2010,
they receive. Maria Grazia Giammarinaro became the OSCE Special
Representative and Co-ordinator for Combating Trafficking in
In 2002, Derek Ellerman and Katherine Chon founded a non- Human Beings. Dr. Giammarinaro (Italy) has been a judge at
government organization called Polaris Project to combat the Criminal Court of Rome since 1991. She served from 2006
human trafficking. In 2007, Polaris instituted the National until 2009 in the European Commission's Directorate-General
Human Trafficking Resource Center (NHTRC) where callers for Justice, Freedom and Security in Brussels, where she was
can report tips and receive information on human trafficking. responsible for work to combat human trafficking and sexual
Polaris' website and hotline informs the public about where exploitation of children, as well as for penal aspects of illegal
cases of suspected human trafficking have occurred within the immigration within the unit dealing with the fight against
United States.
21
US State Department, Human Trafficking Prevention Month
382
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organized crime22. During this time, she co-ordinated the to create legislation that is in agreement with these provisions.
Group of Experts on Trafficking in Human Beings of the The domestic and regional instruments are aimed to combat
European Commission. From 2001 to 2006 she was a judge for human trafficking through provisions that are in line with the
preliminary investigation in the Criminal Court of Rome. Prior international agreements against human trafficking, while
to that, from 1996 she was Head of the Legislative Office and tailoring their enforcement and monitoring methods to the
Adviser to the Minister for Equal Opportunities. From 2006 to needs of the region or state.
December 2009 the office was headed by Eva Biaudet, a
former Member of Parliament and Minister of Health and Enforcement of International Law: Obstacles
Social Services in her native Finland. Anti-trafficking laws are problematic to enforce because
victims of trafficking are hesitant to identify traffickers for fear
Enforcement of International Law: The Regional Solution
of repercussion. Furthermore, trafficking is a crime that
Enforcement of international law in regards to human transcends borders, and therefore jurisdictions. Applying
trafficking is most effective and efficient when it is international law to a person who resides in another state is a
incorporated into regional and domestic legislation. Regional costly and complex endeavor. Additionally, human trafficking
and domestic instruments that have played a key role in the usually violates several laws, and is not a one-time event.
prevention and elimination of human trafficking include: The Building a case against traffickers can take a great deal of time,
United States Victims of Trafficking and Violence Protection resources, and energy. In countries where resources are limited,
Act (2000), the Council of Europe Convention on Action these complexities can hinder enforcement of anti-trafficking
against Trafficking in Human Beings (2008), and the European laws.
Convention for the Protection of Human Right and
Fundamental Freedoms (1950). Regions throughout the world Another dilemma of enforcing anti-trafficking laws is the lack
are also making cooperative efforts to end trafficking. For of training of the local enforcement officers within the state.
example, in 2005, the Coordinated Mekong Ministerial Even if the state has implemented anti-trafficking laws, it is not
Initiative against Trafficking (COMMIT), a sub-regional group likely that the border patrol officers, federal agents, and local
composed of China, Laos, Thailand, Cambodia, Myanmar, and police officers are well-versed in international or domestic laws
Vietnam, was established. Its purpose is to create policies for in regards to human trafficking. Victims of trafficking are often
the anti-trafficking measures in the region, allowing each state treated as criminals or illegal immigrants, and either arrested or
deported. Additionally, since trafficking victims are usually not
22 in their country of origin, there is often a language barrier
OSCE, Combating Trafficking in Human Beings
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between enforcement officers and the victims, making introduce new penalties for job recruiters remains in draft
information-gathering problematic. form23.

The vast resources needed to ensure that the officers are able to CONCLUSION
properly enforce anti-trafficking laws are limited or
unavailable in most states. However, one of the goals of the Although human trafficking is a complex issue that seriously
UNGIFT is to help build awareness of the issue and provide have adverse effects on a country’s national security and
technical assistance. The assistance would include: draft development as humans trafficked could be used for organised
legislation, manuals for various law enforcement agencies and crimes or be made to suffer gross violation of their
victims, and fact-sheets for raising awareness. States, such as fundamental rights. Human trafficking is classified as both
the United States, have already begun implementing awareness national and international crimes. Therefore, international legal
programs for law enforcement officers. Additionally, NGOs instruments have been drafted and implemented to aid
throughout the world play a crucial role in raising awareness trafficking victims in obtaining justice and also to combat this
about and monitoring human trafficking. worldwide epidemic. Even states that are not a party to the
United Nations Convention against Transnational Organized
In Italy, in October 2016, the government began Crime and its two related protocols are obligated to protect the
implementation of the anti-trafficking national action plan rights of trafficked persons as contained in the provisions of the
through an interagency committee representing multiple United Nations Universal Declaration of Human Rights, which
government agencies, and which included grants for 18 NGO- comprises customary international law. The issues of
run projects to assist victims and promote their social inclusion. compliance and enforcement of anti-trafficking laws may
The Government of Italy continued its strong law enforcement sometimes be problematic due to the cooperation needed
efforts in 2007. Italy prohibits all forms of trafficking in among countries to combat it since it is an international crime,
persons through its Measures Against Trafficking in People but not impossible to overcome. Regional efforts are
law of 2003, which prescribes penalties on conviction of promising, because trafficking is a transnational crime, and
between eight and twenty years’imprisonment. These penalties coordinated efforts are essential to targeting the sources of
are considered sufficiently stringent and are comparable with trafficking and convicting traffickers. States or countries must
those prescribed for forcible sexual assault. The government’s honestly recognize their role in combating this world-wide
2006 legislation to expand its labor trafficking law and epidemic, as trafficking continues to negatively impact millions

23
EU, Italy’s Action Plan
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of people every year and poses serious threat to security and Gallagher, Anne T. "Editorial: The Problems and Prospects of
development. Trafficking, like pollution, should be seen as Trafficking Prosecutions: Ending impunity and
everyone’s problem. As the world collectively objected to securing justice". Anti-Trafficking Review (6): 1–11.
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