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of the world. Extent of democracy, amount of civil confl ict, level of national debt, and level of corruption, among other factors, trailed participation in slavery as portents of poor human development. Early statistical analysis indicated several “push” factors; that is, factors that seem to enable traffi cking from a given country. Those that appear to be signifi cant are: (1) government corruption, (2) high infant mortality, (3) a very young population, (4) low food production, and (5) confl ict and social unrest. Preliminary data are less clear in indicating factors that lead to human traffi ck ing to a country. 267 Push factors concern living conditions, but also the person of the potential victim. Living conditions are largely determined by the economic situation and perspectives in the country of origin of the victim, such as an unequal distribution of wealth, unequal opportunities on the labour market, and geographical or political circumstances. Personal circumstances and motives of the person also play an important role. This concerns such circumstances as an unstable family situation, an adventurous attitude, the urge to earn a lot of money, or simply the need to survive. Especially for women in many countries, there are additional push factors based on such historically or culturally determined factors as a subordinate position and having fewer rights than men, owning less capital (e.g., less land, lower incomes), and getting fewer chances on the labour market (for example, they are the fi rst to lose their jobs in periods of economic recession, there are culturally or religiously determined obligations to take care of children or parents). 268 Pull factors in countries of destination include the demand for a variety of services that traffi cked victims can provide: sweatshop labour in the informal economy, domestic slavery, forced labour in a variety of sectors, forced prostitution, forced begging, petty theft. Again combating these pull factors must be done within a human rights framework using e.g. labour related rights to fi ght exploitation. The link between poverty and human traffi cking is complex. Poor people are vulnerable to traffi cking by virtue of exerting little social power and having few income options. They often do not challenge social superiors in relation to migrant contracts and working conditions. However, it is not necessarily the poorest of the poor who become victims of traffi cking, although in many cases victims are poor, especially victims in developing countries. When the countries reported most frequently as countries of origin and destination 269 are compared against the United Nations Human Development Index, it can be seen that, while the top countries of destination are rated highly in terms of human development, most of the top countries of origin are at the middle human development level. Thus, it can be concluded that those targeted as victims of traffi cking are not the poorest of the poor, but rather people with at least some resources. 270 267 Bales, K.: Tracking Modern Day Slavery – NIJ Research in Progress Seminar, “Traffi cking in Persons in the United States,” NIJ Issue 252, July 2005. 268 Rijken, C.; Koster, D.: A Human Rights Based Approach to Traffi cking in Human Beings in Theory and Practice, p. 6. 269 e.g. in UNODC Traffi cking in persons global patterns. 270 UN.GIFT: Human Traffi cking: An Overview. p. 18. 99
It thus results that any effective prevention (one of the Protocol’s 4 Ps) can only be achieved by promoting respect for a much wider area of human rights. Focusing only on prevention of traffi cking will not bring about sustainable results – again seeing traffi cking in a wider framework of international legal obligations is benefi cial. Fighting traffi cking also means fi ghting violations of economic and social rights and of discrimination, just to mention the most obvious. Obligations which are found in other human rights instruments have to be taken into consideration when it is determined what the P for Prevention means when applying the Protocol. 100
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United Nations Educational, Scienti
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UNESCO migration studies 3 Series e
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Human Rights Law 66 Development of
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Note on Author Kristina Touzenis ha
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countries with economies in transit
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nonetheless these instruments mark
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The legal aspect of traffi cking is
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enhanced knowledge of the phenomeno
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Broadly speaking, poverty, unemploy
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Considering the complexity of the p
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The perhaps most innovative report
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THE WAY FORWARD IN POSSIBLE RESEARC
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and considers the consent of the
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35 Organizing or directing others t
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TRAFFICKING AND SMUGGLING - AN IMPO
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often be diffi cult for law enforce
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group argued that ’traffi cking
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ecruitments agency’s responsibili
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workers to authorities if they refu
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The Travaux Préparatories, in para
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Forced labour Bonded labour and deb
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ILO Declaration on Fundamental Prin
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and servitude clarifi es that while
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sex industry is frequently illegal
Page 49 and 50: idea that traffi cking for forced p
Page 51 and 52: labour exploitation and services ar
Page 53 and 54: Criminal Law Traffi cking and smugg
Page 55 and 56: treatment. 131 In A v. United Kingd
Page 57 and 58: circumstances, including offences i
Page 59 and 60: supply and demand in the traffi cki
Page 61 and 62: from a traffi cking ordeal is compa
Page 63 and 64: Common criminal off ences Traffi ck
Page 65 and 66: The gravity of traffi cking is perh
Page 67 and 68: Human Rights Law It has widely been
Page 69 and 70: makes the obvious evident - the Pro
Page 71 and 72: Members of the Human Rights Caucus,
Page 73 and 74: 3) examining the possibilities of g
Page 75 and 76: particular about their legal rights
Page 77 and 78: support person and interpreter, are
Page 79 and 80: Interaction with the TOC in witness
Page 81 and 82: and profi ts are hardly ever traced
Page 83 and 84: provisions made for the victims’
Page 85 and 86: occurs in the context of organized
Page 87 and 88: shall adopt appropriate legislative
Page 89 and 90: case is that the Court emphasised t
Page 91 and 92: OTHER RELEVANT HUMAN RIGHTS INSTRUM
Page 93 and 94: of the Child on the sale of childre
Page 95 and 96: PREVENTION - A HOLISTIC APPROACH Ad
Page 97 and 98: Studies have revealed how, througho
Page 99: Traffi cking in persons is - like a
Page 103 and 104: epresent confusion or disagreement.
Page 105 and 106: ealisation of the right to food. 28
Page 107 and 108: y state agents, (the duty on the St
Page 109 and 110: must also be sensitized to the para
Page 111 and 112: One of the three purposes of the Tr
Page 113 and 114: cases where it has been established
Page 115 and 116: victims compensation fund. Traffi c
Page 117 and 118: Protection and support for the traf
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Page 123 and 124: of human rights and may even in som
Page 125 and 126: Current policy for counteracting hu
Page 127 and 128: The contemporary regulation of huma
Page 129 and 130: of a residence permit and the right
Page 131 and 132: measures. The question of whether o
Page 133 and 134: availability of legal and sustainab
Page 135 and 136: ut nonetheless refl ects the kind o
Page 137 and 138: Current Trends in Traffi cking The
Page 139 and 140: There is still a lack of quantitati
Page 141 and 142: traffi cking are embedded in social
Page 143 and 144: further below). Most identifi ed hu
Page 145 and 146: In the construction sector: Exploit
Page 147 and 148: harms. At the same time, if one avo
Page 149 and 150: protection laws. Such differences b
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guards, labour inspectors, immigrat
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The fact that there are very few pr
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evidence to prove the crime and to
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Hence, migration departments and la
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The Recommended Principles and Guid
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traffi cking. Such cooperative mech
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prevention including respect for so
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To sign and ratify the Protocol to
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victims may be based on different f
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Fekete, L.: Canary Island Tragedy:
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Piotrowicz, R.: Trafficking of Huma
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UNODC: Global Patterns in Human Tra
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