Legal regulations against human trafficking

The Tragedy and Horror of Human Trafficking of Children and Youth

The situation of human trafficking crime is becoming increasingly complicated, evidenced by an increasing trend in severity, number of cases, and the use of sophisticated methods and tricks. Human trafficking is identified by the United Nations as one of the four most dangerous crimes in the world, as outlined in the Global Crime Prevention Program 2013. It is conducted by organized, transnational criminal groups. Therefore, international cooperation in addressing it is an indispensable and objective requirement. Vietnam has been actively participating in international commitments to combat human trafficking prevention, such as International Convention on the Rights of the Child (1989), the Optional Protocol to the International Convention on the Rights of the Child, Trafficking in Children, Child Prostitution and Child Pornography (2000), United Nations Convention against Transnational Organized Crime (2000), the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP Convention), among others. By analyzing both international and Vietnamese laws on human trafficking prevention, combined with the practice of anti-trafficking efforts in Vietnam, this paper highlights that while current Vietnamese law has been promoting its positive effects, some limitations and shortcomings need to be addressed in order to comply with international law and meet practical requirements of anti-trafficking efforts. Thereby, the paper proposes some recommendations for improving Vietnamese law on human trafficking prevention to align with the requirements of international legal standards and the actual needs of human trafficking prevention in Vietnam.

The article is devoted to the peculiarities of legal relations in the field of international cooperation in combating migrant smuggling and human trafficking. It has been determined that smuggling of migrants and human trafficking have long been among the transnational crimes in terms of profitability. The article proves that this area is characterized by clearly structured and organized criminal syndicates, which direct their profits to the development of other even more dangerous activities. The article describes the main features of trafficking in human beings under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which complements the UN Convention against Transnational Organized Crime. Research of influence of exogenous and endogenous factors on development of modern world trafficking. It is determined that international cooperation in criminal matters is one of the most important prerequisites for the organization of combating and preventing trafficking in human beings and smuggling of migrants. The article outlines the key elements of the implementation of trafficking in human beings in accordance with Article 3a of the Protocol to Prevent and Suppress Trafficking in Human Beings. A number of international normative and legal documents regulating the implementation of the state policy on combating human trafficking and smuggling of migrants have been proposed and paid attention to. It has been proven that, according to Europol, smuggling of migrants is carried out by criminal networks that provide various services: from forgery of documents to bribery of law enforcement officials. Various forms of international cooperation are superficially described: extradition of criminals, mutual legal assistance, transfer of criminal proceedings to another country, transfer of convicts, cooperation for confiscation, cooperation between law enforcement agencies, including information exchange and cooperation in investigations, joint investigation using special investigative methods.

The new un trafficking protocol

This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.

오늘날 우리는 다양한 국가 출신의 이주민들과 함께 살아간다. 이러한 이주의 흐름에서 문제되는 현상이 바로 “(초국가적) 인신매매”(human trafficking 혹은 trafficking in persons)이다. 이주여성은 범죄에 취약한데, 국경을 넘는 조직범죄의 하나로, 인신매매의 피해자가 되곤 한다. 이러한 인신매매의 문제가 국경 내에서 해결하기 어려운 국제사회 협력이 필요한 문제가 되었다. 유엔은 인신매매에 대한 최초의 합의로, 2000년 초국가적 조직범죄를 방지하기 위한 ‘초국가적 조직범죄에 대응하는 유엔 협약’(United nations convention against transnational organized crime)의 부속서로 ‘인신매매, 특히 여성과 아동의 인신매매 방지, 억제 및 처벌을 위한 의정서’(Protocol to prevent, suppress and punish trafficking in persons, especially women and children, 2000)를 채택하였다. 인신매매방지의정서는 인신매매 방지의정서 수준으로 모든 회원국의 국내법 개정을 요구하여, 이에 부응하여 2013년 형법상 인신매매죄가 개정된 바 있다. 본고에서는 근래 한국 사회에서 쟁점이 된 이주민 대상 인신매매의 문제를 성적 착취 목적 인신매매로 한정하여 살펴보았다. 여성에 대한 인신매매의 큰 비중을 차지하는 ‘성적 착취’ 목적 인신매매에 대한 인식과 적절한 대응이 필요하다고 보고 피해자 보호 방안을 정책적인 방안과 법률적인 방안으로 나누어 서술하였다.In the era of migration, migrants from various countries live together in Korean society. In the past, the factors behind the influx of migrants have often been attributed to Korean society s labor force and lack of spouses. Nowadays the spread of Korean culture, so-called Hallyu have led the loyalty towards Korea, which is also a factor promoting the influx of migrants. Actually, a growing number of foreigners are visiting Korea because of its good culture. You can meet foreigners even if you go to small cities as well as Seoul. It is not strange anymore to them to move to Korea, settle down and start a living. But there s a new problem that is emerging in the era of migration, which is human trafficking or trafficking in person. Under the feminization of migration, one of the organized crimes beyond the borders has led to the problem of human trafficking. For this reason, an international agreement has been sought to prevent transnational organized crime and human trafficking, UN adopted Protocol to prevent, suppress and punish trafficking in persons, especially women and children in 2000 as an annex of United nations convention against transnational organized crime. In this paper, I described the issue of human trafficking for sexual exploitation and the protection of migrant victims, which has become an issue in Korean society. Human trafficking is a serious crime that violates human dignity. This paper examined the influx of Korean immigrants and proposed measures to respond to the current law on human trafficking for sexual exploitation and to protect victims. As a political measure, I proposed to prepare criteria for identifying victims of human trafficking, to provide opportunities for victims and their families to stay and work in Korea, to prepare criteria for returning and settling victims, and to educate and promote the prevention of human trafficking. Legal measures were also proposed to revise the current Act on the punishment of arrangement of commercial sex acts. etc. I proposed to revise the concept of human trafficking for sex trafficking purposes and introduce special provisions for victims of trafficking for sexual exploitation.

In order to understand the essence of the crime, two issues have to be taken into account: not only do we analyse features of the perpetrator, but also the victim’s behaviour. Both measures have to be recognised in the light of their mutual relations. In such a case, victimology is instrumental for criminology. It answers the fundamental question: who and why becomes a victim of a crime? It is victimology that draws our attention to a post-crime victimisation problem in the psychological, social and legal aspects. These issues are particularly vital in the case of human trafficking. First, the victim of the crime has to be defined. Over the centuries, the word ‘victim’ came to have an additional meaning. Nowadays, the legal definition of a victim in many countries typically includes the following: it is a person who suffered direct or threatened physical, emotional or pecuniary harm as a result of the commission of a crime. In the Polish legal system, a legal definition of a victim is given in the Polish Charter of Victims’ Rights, whereas the Polish penal law speaks of an aggrieved party and defines it in Article 49 of the Criminal Procedure Code. However, one fact draws our attention. The aggrieved or those objectively recognised as aggrieved do not agree with such a qualification. Let us take a closer look at the reasons why they see themselves in a different role. There is no doubt that one of the reasons is the fact that victims are often qualified as persons offending the law, as criminals. Another problem, is the victims’ return to their previous life situation, which had led them to being recruited by a human trafficker. We also need to point out that the relations between human traffickers and their victims are extremely complex. However, the key issue is that there is an agreement for a crime. The decision-making processes have to be analysed. The victims of human trafficking find themselves in a situation where they have a considerable limitation of free decision making. One of the major examples reflecting these problems that always takes place in a compulsory situation in the wide sense of this expression is job undertaking which leads to the abuse of the potential worker’s situation. A very specific example is a job agency. The question that appears is when we should speak of an unlawfully acting job agent, and when we can start calling this human trafficking? Is every illegal job agency dealing with human trafficking? What is the difference between these two? And finally when does a worker become a victim and an aggrieved party? What types of slavery and slaves exist today? bounded labour affects at least 20 milion people around the world. People become bounded labourers by taking or being tricked into taking a loan for as little as the cost of medicines for a sick child. To repay the debt, many are forced to work overtime, seven days a week, up to 365 days a year. They receive basic food and shelter as ‘payment’ for their work, but may never pay off the loan, which can be passed down for another generation; eaily and forced marriage affects women and girls who are married without choice and are forced into lives of servitude often accompanied by physical violence; forced labour affects people who are illegally recruited by individuals, governments or political parties and forced to work usually under threat of violence or other penalties; slavery by descent is where people are either born into a slave class or are from a group that the society views as suited to be used as slave labour; trafficking involves the transport and/or trade of people: ‘woman, children and men’, from one area to another for the purpose of forcing them into slavery conditions; worst forms of child labour affects an estimated 179 million children around the world in work that is harmful to their health and welfare. Children work on the land, in households as domestic workers, in factories making products such as matches, fireworks and glassware, on the streets as beggars, in the outdoor industry, brick kilns, mines, construction sector, in bars, restaurants and tourist establishments, in sexual exploitation, as soldiers. It seems that pursuant to the Employment and Unemployment Countering Act (Ustawa o zatrudnieniu i przeciwdziałaniu bezrobociu) a model contrary to the one in the act can create a criminological model of modern human trafficking. It would be then running a business to gain financial benefits in the way that the businessperson exploits the position of the aggrieved party and provides the future employer with employees. The latter group, however, even if agreeing to move abroad, becomes completely dependant on the employer which is often combined with a deprivation of liberty, because they have no possibility to choose their place of staying or withdraw from the previous agreement. A number of international regulations, e.g. the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children which supplements the United Nations Convention against Transnational Organized Crime of 2000, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 2000, the Slavery Convention of 1926 together with a Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery dated l956 show, that the issue under discussion still remains a contemporary problem, and needs regulations aiming at finding relevant solutions. There can be no doubts in the light of the nullum crimen sine lege certa that a precise description of the crime is essential. Only a precise definition of a separate crime of human trafficking will enable to recognise the scope of the problem and will create internationally accepted circumstances to overcome it. Such a definition must include at least: acts: recruitment, transportation, transfer, harbouring or receipt of a person; means: threat to use or the use of force or other forms of coercion, of abduction, fraud, deception, abuse of power or a position of vulnerability; purposes: forced labour or services, slavery slavery-like practices or servitude. Everyone, government and non-governmental organisations, must focus on the crime which must be precisely described including a detailed description of a victim. It is highly urgent and important to harmonise all legislative measures in order to prevent human trafficking, which would guarantee an effective protection of victims and prosecution of criminals.

PurposeThe International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) in 1999. The aim of this paper is to analyse the United Nations (UN), ILO, Council of Europe (COE) instruments related to child exploitation and discuss whether child pornography and prostitution are economic crime or work that should be regulated.Design/methodology/approachThis paper compares the definitions of child pornography and prostitution and child labour in the UN, ILO, COE instruments.FindingsAlthough child labour does not imply child prostitution and pornography, the Convention No. 182 Article 3 includes child prostitution and pornography in the term “child labour” and identifies child pornography and prostitution as among the worst forms of child labour. The paper concludes that, no matter what role the children have in participating in the sexual activities, they should be viewed as victims and witnesses. They should not be viewed as “sex workers” or “child labourers”. The view that sexual exploitation of children is a kind of labour might be seen to legitimise it in some countries and might cause more trauma for children.Originality/valueThis paper argues that the ILO should have either considered child pornography and prostitution as a kind of modern slavery in a separate paragraph in the C. 182 or introduced a separate instrument to combat against child sexual exploitation.

Reseña

Trafficking of human beings that constitutes a contemporary form of slavery is a human rights violation and a serious crime. Due to the importance of this crime, it is covered by several international instruments of a different legal nature. Among them, two are especially important: The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children supplementing the United Nations Convention Against Transnational Organised Crime and Council Framework Decision of l9 July 2002 on Combating Trafficking in Human Beings. There are two main features of human trafficking: these offences are transnational by nature and involve organised criminal groups. However, trafficking is considered transnational not only if it is committed in more than one state, but also if a substantial part of preparation or planning takes place in another state. There are numerous forms of crime human trafficking, such as 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. It should be added that also child pornography is considered as human trafficking. As human trafficking is a complex phenomenon, there are also criminal activites which might be called ‘borderline’ such as forced marriages, marriage of convenience, illegal adoption, sex tourism or forced domestic labour. Many of tchem are not even considered as crime. Human trafficking constitutes a serious challenge for criminology, as it becomes one of the most fruitful criminal activities. So far, it has not been a popular subject of studies and research. Although our knowledge of organised crime as such is growing significantly, the trafficking is a problem for crime control due to its nature, economic background, well-organised market of the services and the lack of knowledge and skills of the state institutions, and the ambivalence of the public.

Since Vietnam's advances in “capitalist globalisation” in the late 1980s, it is argued to have become a source and destination country of trafficking in men, women and children. Considered a global problem, human trafficking draws together an array of national and international actors, governing logics and practices in its global governance. This article examines how, in the prevention of trafficking in women and children in Vietnam, a global neoliberal governance logic converged with socialism. Specifically, it focuses on one site where this can be seen playing out, namely in the attempt to prevent trafficking in women and children in the Mekong Delta area in the mid-2000s. The article draws particular attention to the affective economies at play in the discursive regimes of Vietnamese femininity deployed to prevent the trafficking of women and girls. It thereby complements a Foucauldian reading of governance with Ahmed's work on the cultural politics of emotions.

The present study aims to analyze the social representations of trafficking in persons by legal practitioners involved on the implementation of the Policy to Prevent and Confront Trafficking in Persons in the State of So Paulo. Trafficking in persons is a subject that started to be discussed on governmental policies after Brazil adopted the Additional Protocol to the United Nation Convention against transnational organized crime related to Prevent, Suppress and Punish Trafficking in Persons, mainly women and children -Palermo Protocol, in 2004. A study of a policy focused on human rights allow us to discuss about the performance of legal practitioners in a humanist dimension, enabling reflections about their practices and their point of view about the involved subjects. The social representations theory is a theoretical reference from Social Psychology that, among other things, allows us to know the way how a specific group transforms a new knowledge in to something familiar inside one specific historical and social context. This choice is justified through the understanding that the discover of legal practitioners' point of view about the Policy of Confronting Trafficking in Persons is an important step for defining limits and potential involvement from practitioners on this specific policy, and additionally, propose transformations on respective practices. To reach the objective, in addition to the bibliographical research about human rights and trafficking in persons, eight legal practitioners involved with the policy of confronting trafficking in persons on the state of So Paulo, were interviewed. Those interviews were semi structured and some important points to be approached were previously defined. They were recorded and the transcription was made by the researcher. The data analysis were qualitative by nature, data were submitted to content analysis, with establishment of analysis' categories founded on subjects' responses and corresponding with the aims of the work. The following categories were founded: The point of view of legal practitioners about their selves; Violence as causes and consequences of trafficking in persons; Greatest difficulties on working with topics trafficking in persons and human rights; The subjects/objects of trafficking in persons; The thematic axes and the policy's intersectoriality. As conclusion, we understand that the studied policy is progressing since its implementation in Brazil and the legal practitioners have been important actors on this process, as policy's agents or practitioners that take to judiciary demands that involve trafficking in persons. In any of the dimensions, we understand the fundamental importance of reflecting about the development of those professionals on Faculty of Law allowing a compromised practice with the Human Rights' ideal, with human dignity, with social inclusion and with social dimension from the Right.

Trafficking in human beings has become a universal problem in our world today which has led to the heightened expression of concerns by governments, institutions and individuals. Despite the increasing body of research on the coverage of human trafficking by the media, there is dearth of study on how human trafficking stories are framed by the newspapers in covering the issue. The aim, therefore, is to ascertain the frames used by the selected newspapers in reporting human trafficking. This study is significant because it will assist policymakers and legislators in adopting helpful anti-trafficking responses on human trafficking that will have implications for social, economic, political and national development. Using specific frames this study examined the framing of human trafficking in four prominent Nigerian newspapers (The Guardian, The Punch, ThisDay, and Vanguard) published between January 1st, 2016, and December 31st, 2018. Using a content analysis approach, the study analyzed 354 editions of four select newspapers. The study found that the newspapers primarily used straight news as the dominant genre for reporting human trafficking; with child trafficking and sex trafficking being the most commonly reported forms. The enforcement frame was the most prevalent, suggesting that the newspapers focused on highlighting the efforts of law enforcement and government agencies in tackling human trafficking. However, the study also reveals some limitations in the newspapers’ coverage, including a lack of exploration of the underlying socioeconomic and political factors contributing to human trafficking, and missed opportunities to personalize the stories and elicit empathy from readers. The study concludes that while the Nigerian newspapers provided factual and informative reporting on human trafficking, their framing of the issue was somewhat narrow in scope, and recommends that the media should explore more news genres/frames in reporting human trafficking to induce behavioral and attitudinal change among members of the society.

Trafficking in persons is a crucially important issue in today’s world, as it represents both a serious transnational threat to security and a critical challenge in the areas of human rights and law enforcement. Although the definition of trafficking in persons continues to be a subject of debate, this essay applies the definition of trafficking in human beings as stated in the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which is a supplement to the UN Convention Against Transnational Organized Crime.” The Protocol defines trafficking as “the recruitment, transportation, transfer, harboring or receipt of persons, by the threat or use of force, by abduction, fraud, deception, coercion or the abuse of power or by 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.” Equally open to debate—in part due to the complexity of the phenomenon of human trafficking, in part due to disputes over the differences between trafficking and smuggling—are the estimations of the scope of this phenomenon at the national, regional, and global level. For example, the estimates released annually by the U.S. State Department regarding the scope of the traffic in persons worldwide every year vary anywhere from 700,000 to 4 million in 2002, to 800,000–900,000 in 2003, to 600,000– 800,000 in 2004 and 2005. Besides the variation in the methods used for gathering data on human trafficking, the complexity of the phenomenon is also responsible for these fluctuations, as it is very hard (if not impossible) to detect and uncover every act of trafficking and every victim. Statistics issued by the International Organization for Migration in 2001 indicate that an estimated 700,000 to 2 million women and children are trafficked globally each year, generating total worldwide revenue amounting to about USD 9.5–10 billion a year. Whatever numbers one chooses to use, then, it is evident that the real dimensions of the phenomenon of human trafficking are worrisome. When we take into considera-

The United Nations (UN) ratified the United Nations Convention against Transnational Organized Crime (UNCTOC) in 2000 as the norm for international security cooperation in addressing transnational crimes that threaten the global security. Transnational crimes include human trafficking that involves a wide range of criminal organizations and networks. Therefore, ASEAN also refers to UNCTOC and the Trafficking in Person (TIP) Protocol in overcoming transnational crimes, especially the fight against human trafficking. This paper proposes questions ASEAN's attitude to not adopt all UNCTOC norms and Trafficking in Person Protocol in the ASEAN Convention on Trafficking in Person, Especially Women and Children (ACTIP). This paper uses qualitative research methods and norm diffusion theory as the analytical framework. This study found that ASEAN did not fully adopt external norms because there were parts that were not in accordance with ASEAN's internal norms, so that ASEAN made adjustments between external norms and ASEAN internal norms in the formation of ACTIP which referred to ASEAN's cognitive priors, so that ACTIP became the security cooperation norms with human rights element.