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lives during the course of their journey. A human rights framework is also relevant in dealing with smuggling of human beings. 12 Traffi cking and exploitation is – and is recognised as being – a violation of the victim’s human rights. It should not only be viewed as an issue for criminal law enforcement but as a concern regarding human rights implementation. But traffi cking is not itself a human rights issue – but a criminal law issue with a strong human rights dimension. This should be kept in mind. Traffi cking poses a serious threat to both security of States and of human beings and to the protection and promotion of human rights. Questions such as protection of victims of traffi cking and the necessity to have a human rights approach to these, the possibilities of – within the criminal law regime – considering traffi cking a crime against humanity, the possibilities of prosecuting but also of protecting witnesses, the necessity to combine a more holistic protection of migrants rights (human rights) in order to effectively combat traffi cking networks (criminal law) will be considered. Thus the analysis will also briefl y include considerations on how it is necessary to address violations of human rights which are part of the root causes, and also how such a protection will further the prevention of traffi cking and how it may infl uence the possibilities of combating international organised crime, again showing how the two systems interact and overlap. An interesting aspect of this is how the protocols may in some cases give more force to human right implementation since they could be more easily justiciable than many rights found in human rights instruments. Problems and concerns related to the Protocols have surfaced in the past years. It is argued that they focus too narrowly on sexual exploitation in a way that both genders ‘victims’ and diverts attention away from other forms of traffi cking. Similarly, others claim current policies take an overly state-centric perspective, leading to a focus on the symptoms of a problem without properly addressing its causes. The securitization of the issue, it is asserted, serves not only to criminalise and thus demonize individuals who are otherwise survivors of gross human rights violations, but offers the state an opportunity to unduly extend its authority over its citizens, in many cases severely encroaching on civil liberties. 13 These critiques will form part of and be addressed by the analysis of the relevance and fl exibility of the Protocols in the research. Examples will also be drawn from regional and national legislation which should be in conformity with the Protocols when States are parties to these and when possible and appropriate case law will be included. It is also relevant to draw upon regional and national law, including case law, since different legal systems infl uence each other and are used to interpret terms found in one another. 12 Obokata, T.: Traffi cking and Smuggling of Refugees from a Human Rights Perspective. Paper presented to the International Conference on Refugees and International Law: The Challenge of Protection. 13 Howard, N. and Lalani, M.: “Editorial Introduction: The Politics of Human Traffi cking”. St. Anthony’s International Review. Oxford 4:1 (2008): 5-15. 11
The legal aspect of traffi cking is crucial, whether from a human rights angle or that of criminal prosecution. Now literature on this aspect is emerging even when traffi cking is considered from other angles. A huge part of current literature tends to focus on sexual exploitation and traffi cking, thus failing to focus on other kinds of exploitation and problems related to traffi cking for other purposes, something that this research tries to avoid. The legal aspect is the focus for this paper, but concrete experiences and examples are included to create a visible link between law and reality – or rather to show that the two do not exist independently of each other. 12
Page 1 and 2: United Nations Educational, Scienti
Page 3 and 4: UNESCO migration studies 3 Series e
Page 5 and 6: Human Rights Law 66 Development of
Page 7 and 8: Note on Author Kristina Touzenis ha
Page 9 and 10: countries with economies in transit
Page 11: nonetheless these instruments mark
Page 15 and 16: enhanced knowledge of the phenomeno
Page 17 and 18: Broadly speaking, poverty, unemploy
Page 19 and 20: Considering the complexity of the p
Page 21 and 22: The perhaps most innovative report
Page 23 and 24: THE WAY FORWARD IN POSSIBLE RESEARC
Page 25 and 26: and considers the consent of the
Page 27 and 28: 35 Organizing or directing others t
Page 29 and 30: TRAFFICKING AND SMUGGLING - AN IMPO
Page 31 and 32: often be diffi cult for law enforce
Page 33 and 34: group argued that ’traffi cking
Page 35 and 36: ecruitments agency’s responsibili
Page 37 and 38: workers to authorities if they refu
Page 39 and 40: The Travaux Préparatories, in para
Page 41 and 42: Forced labour Bonded labour and deb
Page 43 and 44: ILO Declaration on Fundamental Prin
Page 45 and 46: and servitude clarifi es that while
Page 47 and 48: 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
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Common criminal off ences Traffi ck
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The gravity of traffi cking is perh
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Human Rights Law It has widely been
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makes the obvious evident - the Pro
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Members of the Human Rights Caucus,
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3) examining the possibilities of g
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particular about their legal rights
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support person and interpreter, are
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Interaction with the TOC in witness
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and profi ts are hardly ever traced
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provisions made for the victims’
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occurs in the context of organized
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shall adopt appropriate legislative
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case is that the Court emphasised t
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OTHER RELEVANT HUMAN RIGHTS INSTRUM
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of the Child on the sale of childre
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PREVENTION - A HOLISTIC APPROACH Ad
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Studies have revealed how, througho
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Traffi cking in persons is - like a
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It thus results that any effective
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epresent confusion or disagreement.
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ealisation of the right to food. 28
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y state agents, (the duty on the St
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must also be sensitized to the para
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One of the three purposes of the Tr
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cases where it has been established
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victims compensation fund. Traffi c
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Protection and support for the traf
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their territories until the identif
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entry into or residence in countrie
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of human rights and may even in som
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Current policy for counteracting hu
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The contemporary regulation of huma
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of a residence permit and the right
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measures. The question of whether o
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availability of legal and sustainab
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ut nonetheless refl ects the kind o
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Current Trends in Traffi cking The
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There is still a lack of quantitati
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traffi cking are embedded in social
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further below). Most identifi ed hu
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In the construction sector: Exploit
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harms. At the same time, if one avo
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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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