International Framework of Laws and Issues Related to Trafficking
Description:
Trafficking in human beings is a global issue, but a lack of systematic research means that reliable data on the trafficking of human beings that would allow comparative analyses and the design of countermeasures is scarce. There is a need to strengthen the criminal justice response to trafficking through legislative reform, awareness-raising and training, as well as through national and international cooperation. The support and protection of victims who give evidence is key to prosecuting the ringleaders behind the phenomenon.The trafficking of Human beings is a matter of global concern as it involves the violation of fundamental rights. Although numerous seperate abuses that contravene both national and international law are committed during the course of trafficking, it is the combination of the victim's displacement from their community and their commercialsied exploitation that makes traficking distinct. Their is a large body of interantional and national instruments like declarations,conventions and prohibiting trafficking.
Content:
International framework of laws and Issues related to trafficking
Trafficking of human beings is the recruitment, transportation, transfer, harbouring or receipt of people for the purpose of exploitation. Trafficking involves a process of using illicit means such as 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.Exploitation includes forcing people into prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players).[1]
From Himalayan villages to Eastern European cities, people - especially women and girls - are attracted by the prospect of a well-paid job as a domestic servant, waitress or factory worker. Traffickers recruit victims through fake advertisements, mail-order bride catalogues and casual acquaintances.Trafficking in human beings is a global phenomenon"
Upon arrival at their destination, victims are placed in conditions controlled by traffickers while they are exploited to earn illicit revenues. Many are physically confined, their travel or identity documents are taken away and they or their families are threatened if they do not cooperate. Women and girls forced to work as prostitutes are blackmailed by the threat that traffickers will tell their families. Trafficked children are dependent on their traffickers for food, shelter and other basic necessities. Traffickers also play on victims' fears that authorities in a foreign country will prosecute or deport them if they ask for help.
Trafficking in human beings is a global issue, but a lack of systematic research means that reliable data on the trafficking of human beings that would allow comparative analyses and the design of countermeasures is scarce. There is a need to strengthen the criminal justice response to trafficking through legislative reform, awareness-raising and training, as well as through national and international cooperation. The support and protection of victims who give evidence is key to prosecuting the ringleaders behind the phenomenon.The trafficking of Human beings is a matter of global concern as it involves the violation of fundamental rights. Although numerous seperate abuses that contravene both national and international law are committed during the course of trafficking, it is the combination of the victim's displacement from their community and their commercialsied exploitation that makes traficking distinct. Their is a large body of interantional and national instruments like declarations,conventions and prohibiting trafficking. An overview of selected Internationakl conventrions that regulate trafficking is presented below.
The United Nations obligates States to refrain from committing human rights violations and also to take positive steps to ensure that individuals are able to enjoy their human rights. A State's legal obligations are articulated in human rights instruments, such as treaties and conventions. The UN also drafts politically-binding documents that do not have the force of law, such as declarations and resolutions, but which nevertheless represent important guidelines on States' obligations. More information about the United Nations system, human rights documents and enforcement mechanisms can be accessed from the International Law section of this site.
The United Nations addresses trafficking in women from various directions. First, the UN human rights instruments apply to women and men equally, and are relevant to the kinds of abuses that women suffer in cases of trafficking. In addition, the UN international standards on the treatment of crime victims also obligate States to protect victims of trafficking.
Second, of the types of violence against women addressed by this site, trafficking in women was perhaps the first to receive the attention of the UN as a transnational crime. This section, therefore, includes a historical overview of the UN conceptualization of trafficking, prior to the emergence of an international women's human rights movement.
Third, the UN treaties and resolutions that articulate the rights of women are applicable to the situation of trafficking and define trafficking as a form of gender-based violence. Since the early 1990's, all major UN instruments on States' commitment to ensure women the full enjoyment of their human rights and their protection from violence have included specific obligations to combat trafficking in women.
Fourth, the UN Convention Against Transnational Organized Crime entered into force in September 2003. The accompanying Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children received its 40th ratification in September 2003 and entered into force on December 25, 2003. The Trafficking Protocol contains the international consensus definition of trafficking and sets forth State obligations to prevent trafficking, to protect victims and to prosecute perpetrators of trafficking. For more information on the Trafficking Protocol, please see the section entitled The Trafficking Protocol and Recent Initiatives.
Finally, at its 60th session in April of 2004 the United Nations Commission on Human Rights appointed a Special Rapporteur on Trafficking in Persons, Especially Women and Children for the explicit purpose of focusing on the human rights of victims of trafficking. To do so, the rapporteur’s job is to gather and exchange information from governments, non-governmental organizations and victims of trafficking in order to propose appropriate measures to prevent and remedy trafficking violations. Working within the major international instruments and definitions of trafficking, the Special Rapporteur will conduct country visits, publish reports, and take up cases where individual or widespread rights abuses have occurred.
States are obligated to protect the rights of trafficking victims under general human rights instruments. The International Covenant on Civil and Political Rights guarantees women the right to life, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to security of person. This Covenant also grants trafficked persons the right to an effective remedy for acts violating their fundamental human rights. The International Covenant on Economic, Social and Cultural Rights provides such basic guarantees as the right to an adequate standard of living (including food, clothing and housing), the right to the highest attainable standard of physical and mental health, the right to education and the right to favorable work conditions, which includes fair wages, equal pay for equal work and reasonable limitation of working hours.
International agreements relating to forced labor and slavery are also relevant to trafficking practices. The International Labor Organizations Forced Labor Convention (C29) and the Abolition of Forced Labor Convention (C105) set forth the obligation to suppress all forms of forced or compulsory labor, defined by the Forced Labor Convention as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily." The Abolition of Forced Labor Convention defines forced labor as a means of racial, social, national or religious discrimination, but does not mention the possibility of sexual discrimination. The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956) defines slavery as the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The Slavery Convention abolishes the practice of debt bondage where the debtors services are not reasonably applied to the liquidation of his or her debts (Article 1), the practice of promising or giving in marriage on payment a women who is not given the right to refuse (Article 1), and the act or attempt of conveying slaves from one country to another (Article 3).
Under principles of international law, States are obligated to provide adequate support for victims of crimes. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states that victims are entitled to access the justice system and prompt redress. (Paragraph 4). Regarding assistance, the Declaration states "Victims should receive the necessary material, medical, psychological and social assistance through governmental, voluntary, community-based and indigenous means. . . . Victims should be informed of the availability of health and social services and other relevant assistance and be readily afforded access to them." (Paragraphs 14, 15).
1. International Agreement for the supression of the whilte slave traffick - 1904.
The agreement was formulated with the intensioon of securing fo women of full age who have suffered abuse or compulsion against criminal trafic know as the white slave trade.
2. International convention dor the suppression of the white slave Trafic 1910.
This convention criminalised the procuremnt enticemnt or leading away of women or girl under the ager of 21, even with her consent for imormal purose irrespective of whether may have been committed in different countries.
3.. International convention for the supression of Traffic in women and children 1921.
This tretu pf a wp,em pt girlfor immoral purpos, to be caried out in another country.
4. Slavery covention 1926
States parties are enjoyed to discourage all forms of forced labout slavery means the owner's control over another person, without the slves's full informed consent for exploitation.
5.Forced Labour Covention (ILO) 1930.
Article-1 of this convention cals for the suppression of the use of forced or compulsory labour in al its forms as soon as possible.
6.International convention for the suppression of the Traffic in women of full Age 2933.
This coventrion imposes a duty on the signing countries to prohibit, prevent prosecute and /m or puish those
engaged.
7.Universal Declaration of Human Rights (1948)
Article 4 of the Declaration prohibits slavery and the slav trade. Article - 13 recognises the right of persons
to freedom of movement and residence. While Article is recognises every one's right to Nationality.
8. Unconvention for the suppression of the traffic in persons and of the exploitation of the prostitution of others
(1949).
This convention is a compilation of four prvious international convention 1904, 1910, 1921 and 1933. It made provurement, enticement, etc for prostitution punishable, irrespective of the age of the person involved and his/her consent to the same (Article -1). Brothel keeping was also denounced as illegal and punishable Article 20. However, it is limited to traficking for prostitution and related activities.
9.Supplementary convention on the Abolition of slvery, the slave trade, and institutions and practices similar and to slavery 1956 (slavery convention).
This convention condemned a variety of slavery - like practices, including debt bondage and forced marriage, states parties underlock to establish suitable mininmum ages of marriages and encourage the registration os marriages.
10.Abolition of forced Labour convention (ILO) 1957.
Under this convention, states parties under took to abolish any form of forced or compulsor labour that is used as a means to establish political coecion, economic develoment, labout discipline or racial, social, National or religious discrimination.
11.International convenant on civil political Rights (1966)
Forced labour and slavery are prohibited by article of the covenant. Article 24 outlines the rights of children to a just and free childhood.
12.international convention on Economic social and cultural Rights (ICESCR0) 1966
Article 10 of this convention stipulates that states are responsible for protecting children are responsible for protecting children arom exploitation and must lay down the minimim age for their employment.
13.Minimum aghe convention 1973
The aim of this convention was to prohibit abn d regulaten child Labour and restrict the engagement of childrn in hazardous work.
14.Convention on the elimination of all forms of discrimination against women (1979) (CEDAW)
ARTICLE:6 OF CEDAW requires state parties to take all appropriate measures, including legislation, to suppress all forms of traffick in women.
15.United Nations convention against Torture and other cruel; inhuman or Degrading treatment or punishment (1984)
The convention provides against the expulsion or return of a person another state if there are substantial grounds for deeming him/her to be in danger of torture. Victim compensation measures are also stipulate in it.
16.Tourism Bill of rights and the Tourist code (1985)
Adopted by the WTO, the code enjoins that state parties should preclude any posibility of the use of tourism to exploit others for the purpose of prostitution.
17.Convention on the rights of the child (1989)
Article:11 Requires state parties to take measures to combat the illicit transfer and Non-return of children abroad under Article 34 and 35, State parties must take appropiriate National,. bilateral and multilateral steps to protect children from all dforms of sexual exploitation and abuse and also prevent the ebuduction, alse and trafficking of children.
18. Covention on the protection of the Rights of migrant workers (1990).
This covention seeks tyo put on end to the illegal or clndestine recuirtment and traficking of migrant workers and lays down binding International standatds for their treatment. welfare and human rights.
19. The ILO covention the worst forms of child Labour (1999)
Article 3 of this convention defines the worst forms of child labour as comprising of all manifestations of slavery or practices similar ro slvery, such as the sale and trafficking of children, ddebt bondage and servitude and forces or compulsory labour, etc.,
20. Optional protocol to the convention on the Elimination of All forms of discrimination against women (1999).
The protocol enables individuals or groups who have exhausted National remedies to directly aproach the committee set up by the protocol to gain redressal for their grivances
21. UN protocol to prevent, supports abnd punish Traffficking in persons, Especially women and children (2000)
The UN Trafficking protocol seeks to create a global language to define trafficking in perosn. Especially wopmen and children, asist victims of traffickingg of persons. It supplements the united Nations convention Against Transnational organised Crime 2000.
22. Optional protocol to the convention on the rights of the child on the sale of children, child on the sale of
childtren, child prostitution and child pornography 2002 (The sex Trafficking protocol).
This protocol, adapted in May 2003, seks to raise the standards for protectiong children from al forms of sexual exploitation and abuse.
23. Recommended principles and Guidelines on Human Rights and Human Trafficiking (2002)
These standsards were developed by the High commission for Human Rights in 2002, so as to strengthen the Human Rights principle and perspective of the Trafficking. Protocol. The document recommende 17 principles and 11 fuidelines which are meant to facilitate the efective implmentation of the key provisions.
REGIONAL INSTRUMENTS:
At the regional level, there have been several initiatives by the governments of the south Asia and Asia pacific regions ler us see them.
i The Regional intiative agaist Trafficking in women (1998).
ii Asian Regional intiative against Traficiking in persons, especialy, women and children (ARiat) 200,
iii. ASEM (Asia Europe Meeting) Action plan to combat Trafficking in persons especially woment and children 2 2000,
iv Bali conference Trafficking in persons and Relkated Transnational Crime 2002.
v. SAARC convention on preventing and combating the Trafficking in women and children for prostitution 20002.
vi. Convention on Regional arrancgement for the promtion of child welfare 2002.
OTHER INTERNATIONAL INITIATIVE
1. World conference on Human Rights 1993. Vienna, Austris
This confernce took therights of women and children by supporting the creation oif New mechanisms and advocating the unverasl ratification of the convention on the Rights of the child by the year 1995.
2. world congress against the commercial sexual Expploitation of children (1996).
The aims of the world congress were to award high priority and adequate resources dfor action against the commercial exploitation of children.
3.Amsterdam conclusion and also conference (1997)
The conference affirmed that, in orders to eliminate the exploitation of children, poverty eradication and rehabilitation programmes Need to be developed, along with a sound Mechanism to Monitor their progress.
4. The Honolulu Declaration (2002).
This declaration recognise the Need to adres the structural casues of traficking and the forms of exploitation and poverty at it roots. The mobiliasation of a broad coliation was encisaged bringing together concerned agencies organisations and inddividuals to conbat trafficking at the local, National, Regional and International levels.
5. Brussels Declaration on preventing and combating the trafficking in Human Beings (2002).
The Brussels Declaration aims at bringing about European and International co-operation against trafficking for developing concrete measure, standards, best practices assistance and police and Judicial co-operation.
LEGAL FRAME WORK AGAINST TRAFFICKING IN SOUTH ASIAN COUNTRIES:
BANGLADESH:
The Bangladesh constitution gurantees equal rights and equal protection to every one regardless of gender. The fundamental principles of state policy require the state to prevent prostitution. Article 34(1) prohibits all forms of forced labour. The supression of immoral Traffic Act 1933, protects all children up to the age of 18 from sexual exploitation. The women and children repression ;prevention Act 2000 provides stringent penalties against trafficking, Kidnapping, collection random, rape, the sexual exploitation etc., These provisions also apply to both internal and cross broder trafficking. These were the some of the legal frame work in Bangladesh Against Human Trafficking.
BHUTAN:
Thjere is very little information availaqble on the laws of. Bhutan on traficking. In 2001, the UN committe on the Rights of the child considered Bhutan's initial report and noted the absence of legislation on the minimum age of for employment. Their is insufficient data and awarness regarding the Human Trafficking. It also suggested that New laws Need to be promulgated and existing lawa need to be suitably ammended to address these issues.
MALDIVES:
There is no specific law to prohibit or prevent the trafficking in persons. There are no reports of persons being trafficked to from or within the country following Nationwide consultations, the Gopvernment has drawn up a National plan of action on the basis of the Beijing platform for action and the common wealth plan of Action on Gender and Development.
NEPAL:
The constitution of Nepal enshrines the principles of equality and Justice for every citizen witout any discrimination on the basis of race, caste, sex, creed, etc., and safe Guards the human rights of all citizens. The Mulkuki ASin (code of law) 1963. lays down provisions againstInter-state and oher of slavery and domestic trafficking-section decres prison sentences of 20 years for International trafficking and 10 years for attempted sale, plus fines eqalent to the amount of transaction.
The Human Trafficking (control) Actr of 1986. (HTCA) establishes territorial jurisdication for offences committed outside Nepal. Trafficking in Human being (control) Bill 2000 that holds voluntary engagement in sex work as a violation of human rights. Moreover, such a view is likely to tivilaise the serious violations that are committed during trafficking. Further, the anti traficiking lawa in Nepal do not provide for integration or rehabilitation with rescue.
PAKISTAN:
One of pakistan's major problems is the smugling of children to countries in Gulf for camel Jockey an racing. The high profits and the lessening fear of harsh punishment have bolstered syndicates of Human traffickers across "Asia, the middle east and Europe.
The prevention and ocntrol of Human Trafficking ordinance 2002 has been promulgated to deal with all types of human trafficking. It is a comprehensive legislation and is the first iof irs kind in the saarc region. However the ligislation sufers from certain limitations. Also legislation is focused on trans border trafficking and not on domestic trafficking. And the Human trafficking ordinance 2002 defines Human trafficking to include traffickingfor any purpose, viz, prostitution Forced labour and services. It also takes into considerations the organised nature of the crime and presmes the vicarious liability of each member of the traffickers's group by providing for stringergent punishments, the ordinance also includes provisions for the compensations for the victims.
SRILANKA:
IN country trafficking is one of srilanka's major problems s.360 of the srilankan penal code deals with the offfence of traficking defined as the act of buying or seeling or barteting of any person for money or for any other consideration. Those assisting, arranging tyhe travel, recruiting, etc., Said to be traficking and be prostituted.
The national child protection Authority act is a landmart initiative that can help in preventing child abuse and in protecting child abuse and in protecting the rights of children.
INDIA:
The constitution of India, under Article 23(1), prohibits trafficking in hunman beings and forced labour =, this right enforceable against the state and private citizens.
i. The suppressions of immoral Trafic in women and Girls Act (SITA) was enacted under Article 35 of the Indian constitution with the objectieve of abolishing Trafficking it was also pursuance of the UN's trafficking convention which India signed on 9 May 1950.
ii The immoral Traffic (prevention) Act 1956.
Is a special legislation that deals exclusively with trafficking.
iii. The bonded labour system (Abolition0 ct 1976 defines the terms advance agreement ascendant or descendant bonded debt' 'babnded labour" bonded labour system and provides for initiating appropriate action.
iv. Chil;d labour (prohibition and Rgulation Act 1986.
v. The indian Evidence Act 1872 contains s114 AND 151 that are relavent in the context of trafficking.
vi. The two - fold objectieve of the Transportation of Human organ Act 1994.
(a) To provide for the regultion of removal, storage and transplantation of Human organs for therapeutic
purpose and
(b) To prevent commercial dealings in human beings.
however, trafficking was never definde in Indian laws except in the Goa children Act, which is specified to the state of Goa. In India the law has no express provision for confiscating the assets amased by the traffickers, nor does it have provisions for the victim protection. These points should be considered by the concerned authorities so that the laws and provisions are made victim friendly.
References
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"http://en.wikipedia.org/wiki/Trafficking_in_human_beings"
Author: Joseph
About Author:
The author was dedicated his 13 years of life for the development of marginalised people in the society.He got his three master degrees in the field of Tamil,Sociology and Psychology.one M.Phil in Tamil.He done many Research work.
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