HUMAN TRAFFICKING

Human Trafficking

Human Trafficking

Introduction

Human trafficking, also known as modern-day slavery or trafficking in persons, is a criminal act  and a violation of basic human rights (e.g., right to freedom, right to dignity, right to equal protection of the law) that affects every country in the world (Agustin, 2008). Human trafficking is one of the few crimes that have been pursued from a victim's perspective, with a focus on prevention of trafficking, protection of victims, and prosecution of traffickers. This paper explores the definition of trafficking and related common misunderstandings, and includes an examination of the size, scope, and patterns of trafficking; sample profiles of traffickers and victims; and responses to human trafficking.

Discussion

In December of 2000 in Palermo, Italy, the world came together on the issue of trafficking in persons, finalizing the drafting of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, commonly known as the Protocol. The Protocol entered into force in December 2003. It defines the crime of human trafficking using three components: the process of obtaining the victim (e.g., recruiting, transporting, transferring, receiving, harboring), the means (e.g., deceit, coercion, abduction, threat, fraud, deception, abuse of power), and the goal (e.g., violence/sexual abuse, pornography, forced labor, involuntary servitude, debt bondage, prostitution, slavery). It includes human trafficking both for sexual exploitation and for labor (U.S. Department of State, 2010).

Since the meeting in Palermo, 117 countries have signed the Protocol, but many of them have not yet modified their legislation to incorporate the crime of human trafficking into their penal code or fully implemented the process. This is not an easy task. It takes time, money, and a political will to change. The Protocol was developed through a process of consensus that then must be modified to operate within the various criminal justice systems throughout the world. For example, the United States legislation mirrors the Protocol, except that the United States does not include trafficking in human organs as a crime of human trafficking. The lack of full implementation within any country poses a problem for prosecution of traffickers within that country, as well as a problem for cooperation between countries that have differing legislation (U.S. Department of State, 2011).

While many countries have signed the Protocol, the level of understanding of human trafficking is limited, resulting in several common misunderstandings. It is widely known that at least 75% of the law enforcement officials around the world are unable to accurately define human trafficking, and the ability to define it is even less common among the general population, who serve as the frontline observers of the phenomenon. Trafficking refers to the act of commerce but is often mistaken to mean the individual must be moved or transported. Because commerce can occur without movement, human trafficking can be domestic as well as transnational (U.S. Department of State, 2010).

Another common misunderstanding involves the confusion of human trafficking with illegal migration, smuggling, or labor ...