An Introduction to Human Trafficking - United Nations Office on ...

PART ONE.—VULNERABILITY
“‘<strong>Trafficking</strong> in persons’ shall mean the recruitment, transportation, harbouring or
receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits <strong>to</strong>
achieve the consent of a person having control for another person, for the purpose
of exploitation.”
The last reference (art. 9, para. 4) has already been cited:
“States Parties shall take or strengthen measures, including through bilateral or multilateral
cooperation, <strong>to</strong> alleviate the fac<strong>to</strong>rs that make persons, especially women and
children, vulnerable <strong>to</strong> trafficking.”
The travaux prépara<strong>to</strong>ires <strong>to</strong> the <strong>Trafficking</strong> Pro<strong>to</strong>col also indicate that the reference <strong>to</strong>
the abuse of a position of vulnerability is unders<strong>to</strong>od <strong>to</strong> refer <strong>to</strong> any situation in which
the person involved has no real and acceptable alternative but <strong>to</strong> submit <strong>to</strong> the abuse
involved. 27 On the basis of this note, it is possible <strong>to</strong> state that the individuals most vulnerable
<strong>to</strong> harm are those with the fewest alternatives. With the knowledge that crime is
increasing in a given neighbourhood, residents with means can choose <strong>to</strong> leave, <strong>to</strong> put
protective bars on windows and doors and/or <strong>to</strong> lobby their local representatives aggressively
<strong>to</strong> ensure a more visible law enforcement presence. Where there is a strong employment
market and numerous jobs, individuals are able <strong>to</strong> remain in their home countries
rather than pursue foreign employment opportunities that might turn out <strong>to</strong> be exploitative.
The core of trafficking prevention activities should therefore be the provision of alternatives
<strong>to</strong> the individuals who are most vulnerable. When confronted with a potentially
exploitative situation, they should be able <strong>to</strong> know that they have choices.
Based on the above analysis, a new definition of vulnerability will now be introduced, in
which “vulnerability” refers <strong>to</strong> “a condition resulting from how individuals negatively experience
the complex interaction of social, cultural, economic, political and environmental
fac<strong>to</strong>rs that create the context for their communities”. As such, vulnerability is not a static,
absolute state, but one that changes according <strong>to</strong> context as well as <strong>to</strong> the capacity for
individual response. The development of indica<strong>to</strong>rs requires careful attention <strong>to</strong> the unique
characteristic of the group being assessed in order <strong>to</strong> develop the most effective preventive
solutions and should allow for the development of goals and strategies <strong>to</strong> ensure
reduction of vulnerability. Specific indica<strong>to</strong>rs will make it possible <strong>to</strong> set tangible goals for
the reduction of vulnerability. Conditions of vulnerability can be very real, such as ill
health or illiteracy; equally important, however, are those areas of vulnerability which are
not clearly demonstrable, difficult <strong>to</strong> identify and consequently difficult <strong>to</strong> address.
27
See the note on article 3, subparagraph (a), of the <strong>Trafficking</strong> Pro<strong>to</strong>col in the travaux prépara<strong>to</strong>ires
(A/55/383/Add.1, para. 63).
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