Trafficking in persons is a serious
crime and a grave violation of human rights. Every year, thousands of
men, women and children fall into the hands of traffickers, in their own
countries and abroad. Almost every country in the world is affected by
trafficking, whether as a country of origin, transit or destination for
victims.
What is Human Trafficking?
Defines Trafficking in Persons as
the recruitment, transportation, transfer,
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 to achieve the consent of a person
having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude
or the removal of organs
Elements of human trafficking
On the basis of the definition given in the
Trafficking in Persons Protocol, it is evident that trafficking in
persons has three constituent elements;
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving payments or
benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes
exploiting the prostitution of others, sexual exploitation, forced
labour, slavery or similar practices and the removal of organs.
To ascertain whether a
particular circumstance constitutes trafficking in persons, consider the
definition of trafficking in the Trafficking in Persons Protocol and
the constituent elements of the offense, as defined by relevant domestic
legislation.
Criminalization of human trafficking
The definition contained in
article 3 of the Trafficking in Persons Protocol is meant to provide
consistency and consensus around the world on the phenomenon of
trafficking in persons. Article 5 therefore requires that the conduct
set out in article 3 be criminalized in domestic legislation. Domestic
legislation does not need to follow the language of the Trafficking in
Persons Protocol precisely, but should be adapted in accordance with
domestic legal systems to give effect to the concepts contained in the
Protocol.
In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization also of:
·
Attempts to commit a trafficking offence
·
Participation as an accomplice in such an offence
·
Organizing or directing others to commit trafficking.
National legislation should
adopt the broad definition of trafficking prescribed in the Protocol.
The legislative definition should be dynamic and flexible so as to
empower the legislative framework to respond effectively to trafficking
which:
·
Occurs both across borders and within a country (not just cross-border)
·
Is for a range of exploitative purposes (not just sexual exploitation)
·
Victimizes children, women and men (Not just women, or adults, but also men and children)
·
Takes place with or without the involvement of organized crime groups.
UNODC's Response to Human Trafficking
UNODC offers practical help to States,
not only helping to draft laws and create comprehensive national
anti-trafficking strategies but also assisting with resources to
implement them. States receive specialized assistance including the
development of local capacity and expertise, as well as practical tools
to encourage cross-border cooperation in investigations and
prosecutions.
The adoption in 2000 by the United Nations General Assembly of the
Protocol to Prevent, Suppress and Punish Trafficking In Persons, Especially Women and Children
marked a significant milestone in international efforts to stop the
trade in people. As the guardian of the Protocol, UNODC addresses human
trafficking issues through its Global Programme against Trafficking in
Persons. A vast majority of States have now signed and ratified the
Protocol. But translating it into reality remains problematic. Very few
criminals are convicted and most victims are probably never identified
or assisted.
As the guardian of the Organized Crime Convention and its Protocols on Trafficking in Persons and Smuggling of Migrants, UNODC plays a leading role in strengthening and coordinating the criminal justice response to both human trafficking and smuggling of migrants.
UNODC's Strategic approach to combating trafficking in person and the smuggling of migrants is founded in the full and effective implementation of the Protocols, and can be best understood as having three interdependent and complementary components:
(1) research and awareness raising;
(2) promotion of the Protocols and capacity-building; and,
(3) the strengthening of partnerships and coordination.
With regards to research and awareness-raising, UNODC will publish the next Global Report on Trafficking in Persons in December 2012, and biennially thereafter. UNODC also produces research and issue papers on trafficking in persons and migrant smuggling and engages in both broad and targeted awareness-raising on these issues, notably through the Blue Heart Campaign against Human Trafficking. UNODC's normative work on promoting the Protocols and capacity-building engages with Member States and working-level practitioners in providing legislative assistance, strategic planning and policy development, technical assistance for strengthened criminal justice responses, and protection and support to victims of trafficking in persons and smuggled migrants. Finally, UNODC initiatives on strengthening partnerships and coordination occur through its participation in inter-agency groups.
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