Linking the Local and the Global: Understanding Human Trafficking Flows

The Tragedy and Horror of Human Trafficking of Children and Youth

"Immigration and Criminal Law in the European Union: the Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings" published on 01 Jan 2006 by Brill | Nijhoff.

Irregular migration, trafficking and smuggling in human beings represent major challenges for policy makers at national, European Union and international levels. In contrast to international and European developments, UK law and policy in this field are relatively underdeveloped. The UK seeks to come to grips with trafficking in human beings. This chapter examines past and present legislative responses to smuggling and trafficking in human beings in the UK and assesses the role of the courts in either establishing or weakening their legitimacy. If trafficking in human beings is, simply, seen as a form of 'immigration crime' to be tackled by law-enforcement measures, then not only human rights and gender dimensions are disregarded, but such an approach is likely to have limited chances of success. In discussing the British legislative framework, the chapter pays attention to the framing of smuggling and trafficking and its correlation with existing policies of migration control. Keywords: British legislative framework; European Union; human rights; immigration crime; smuggling; trafficking; UK law

Purpose This paper aims to explore the relationship between human trafficking brokers and trafficking victims by using examples from both the international labour and human organ trafficking industries. It proposes an evolution in the brokerage process from geographic to online networks and how this alters the nature of the relationships between parties. The study aims to expand the understanding of contemporary trafficking brokerage networks in developing areas. Design/methodology/approach The paper opted for an ethnographic study which involved living among trafficking victims in 21 developing countries during the period of 2008-2015; 17 cases are presented as exemplars of the trafficking industry environment, told from the perspective of both trafficking victims and the brokers who have profited from them. The data were complemented by commentary, which developed common themes across both labour and human organ trafficking. Findings The paper provides insights about how change in the brokerage process is brought about by the shift from geographic to online networks. It suggests that trafficking operations have learned how to use online social media and the dark Web. Moreover, it illustrates the impact of these networks on the power imbalance in human trafficking and the experience of its victims. Research limitations/implications The study is limited to labour and human organ trafficking in developing nations, but the concepts may have wider implications in other forms of human trafficking. Practical implications The paper includes implications for the development of a framework to understand the impact of online trafficking networks. Originality/value This paper fulfils an identified need to study how human trafficking networks are evolving in the digital age.

The paper analyses the development of trafficking in human beings (THB) as an economic crime and as a severe violation of human rights by focusing on the different actors’ involved in counter-trafficking efforts. The paper outlines how the crime evolved in Austria, Germany and the United States of America (USA) since the 19th century until present. The phenomenon of human trafficking as defined by the UN Trafficking Protocol of 2000 it relates to slavery and it is considered as modern day slavery. Finding the right words to describe the crime remains a persistent challenge in combating human trafficking. Most formulations used to describe trafficking focus on the trade or buying and selling of people, or they mean something closer to “smuggling,” which relates specifically to movement over borders. These words, including the word trafficking in English, may not adequately capture the most important aspect of the practice: exploitation. Nevertheless, it is important to note that in the 19th and early 20th century practices nowadays considered as human trafficking referred as ‘White Slavery’, Slavery and ‘Madchenhandel’. THB was also primarily saw as a feeding of the sex industry; excluding forced labour, domestic servitude, forced begging, among other forms of human trafficking from the today internationally agreed upon definition. A growing demand for (cheap) labour, sexual services and women for (forced) marriages, economic and demographic disparities have stimulated the trafficking and smuggling in human beings through time. The perpetrators force the individuals to work in conditions of forced labour, servitude, or debt bondage; this privation of freedom and poor living conditions is thus a severe violation of human rights. Efforts to combat THB have mostly been geared at victim support and prevention as a response to the severe harm to victims, but little has been done to diminish the profitability of the business, which is why it is valuable to look at how this business has developed through time. Trafficking still remains a very profitable business in which the traffickers face relatively small risks.

Legislative support for combating human trafficking is represented by such documents as the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties of 2.12.1949, the International Covenant on Civil and Political Rights of 16.12.1966, the Convention on the Elimination of All Forms of Discrimination against Women. December 18, 1979, Declaration of European Recommendations on Effective Measures to Prevent Trafficking in Women for the Purpose of Sexual Exploitation, 1997, Council of Europe Joint Action Document, 1997, UN Convention against Transnational Organized Crime, November 15, 2000, Protocol on the prevention, prevention and punishment of trafficking in human beings, especially women and children, the Recommendation of the Committee of Ministers of the Council of Europe “On sexual exploitation, pornography, prostitution and trafficking in human beings and adolescents” and others. National anti-trafficking legislation includes: the Constitution of Ukraine, the Criminal Code of Ukraine, the Laws of Ukraine: “On Combating Trafficking in Human Beings”, “On Preventing and Combating Domestic Violence”, the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016. № 111 “On approval of the State Social Program to Combat Trafficking in Human Beings until 2020”, Order of the Ministry of Education and Science of 08.04.2016 № 405 “On approval of the action plan of the Ministry of Education and Science to combat trafficking in human beings until 2020”.Modern international legal regulation of combating trafficking in human beings includes a fairly large array of various legal acts, including: the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties, the UN Convention on Transnational Crime and the Protocol to Prevent and Suppress trafficking in human beings, especially women and children, and the ILO Convention, the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, etc. And although international norms are quite clear, there are still gaps in that implementation. Yes, the Palermo Protocol calls for a comprehensive approach to combating human trafficking, but it is still not fully implemented. States often try to combat trafficking only in terms of migration or solely in terms of combating crime on their territory, but such a shameful phenomenon as human trafficking is unfortunately a global problem and must be addressed systematically and jointly. States must recognize and implement all international treaties relating to trafficking in human beings in order to make every effort to combat this problem. Ukraine has launched a large-scale anti-trafficking campaign in the post-Soviet space. Since independence, national legislation aimed at eliminating trafficking in human beings has been developed based on international best practices, and a set of measures to improve the effectiveness of combating the threat of trafficking and ensuring the security of the country's population has been implemented within the framework of state programs to combat trafficking and illegal migration. In order to minimize the phenomenon of human trafficking, efforts are being consolidated at the regional and interagency levels by strengthening international cooperation and implementing best practices.

This research will discuss the impact of education on combating the development of the process of trafficking in human beings, as a growing phenomenon in Kosovar society. Trafficking in human beings is a violation of fundamental human rights, a negative phenomenon, as well as a concern and a danger to the whole society. Kosovo is a country in transition, where trafficking in human beings is a great challenge to Kosovar society, especially bearing in mind that this phenomenon developed in the post-war years in Kosovo. The phenomenon of trafficking in human beings dates back to the early days of humanity (from the slave-owner society), but now the forms and patterns of trafficking have changed, transforming into "modern slavery". This phenomenon has become a concern of Kosovar society, which is constantly making great (institutional) efforts to combat this phenomenon. Among the most relevant factors for combating trafficking in human beings is education as a basic factor of a healthy society, which shapes the personality of young people and builds the foundations of a vital society which builds its future on social values and fights trafficking with human beings. Thus, the role of education in a society, as well as the path towards combating the process of trafficking in human beings is analyzed by: family, education, social circle, tradition, community culture, state policies and other competent accompanying institutions. The thesis of this research will be: How does education impact on the fight against the evelopment of the process of trafficking in human beings in Kosovo society? Many authors have given different opinions about education as a factor in combating trafficking in human beings and its impact on society, which will be discussed below. Thus, the paper tends to concretize the impact of education on prevention of trafficking in human beings, where the interview method was used, which was conducted with the competent education officials. As a result of a country with a low level of economic development, high level of poverty, inadequate quality of education, shortcomings in social policies, dysfunctional level of legal infrastructure, we conclude that all these influential factors in combating the phenomenon of trafficking with human beings, remain a constant task for their improvement in our society.

This research will discuss the impact of education on combating the development of the process of trafficking in human beings, as a growing phenomenon in Kosovar society. Trafficking in human beings is a violation of fundamental human rights, a negative phenomenon, as well as a concern and a danger to the whole society. Kosovo is a country in transition, where trafficking in human beings is a great challenge to Kosovar society, especially bearing in mind that this phenomenon developed in the post-war years in Kosovo. The phenomenon of trafficking in human beings dates back to the early days of humanity (from the slave-owner society), but now the forms and patterns of trafficking have changed, transforming into "modern slavery". This phenomenon has become a concern of Kosovar society, which is constantly making great (institutional) efforts to combat this phenomenon. Among the most relevant factors for combating trafficking in human beings is education as a basic factor of a healthy society, which shapes the personality of young people and builds the foundations of a vital society which builds its future on social values and fights trafficking with human beings. Thus, the role of education in a society, as well as the path towards combating the process of trafficking in human beings is analyzed by: family, education, social circle, tradition, community culture, state policies and other competent accompanying institutions. The thesis of this research will be: How does education impact on the fight against the evelopment of the process of trafficking in human beings in Kosovo society? Many authors have given different opinions about education as a factor in combating trafficking in human beings and its impact on society, which will be discussed below. Thus, the paper tends to concretize the impact of education on prevention of trafficking in human beings, where the interview method was used, which was conducted with the competent education officials. As a result of a country with a low level of economic development, high level of poverty, inadequate quality of education, shortcomings in social policies, dysfunctional level of legal infrastructure, we conclude that all these influential factors in combating the phenomenon of trafficking with human beings, remain a constant task for their improvement in our society.

Trafficking in human beings is a global problem, and countries worldwide have joined efforts and built strategies to fight this phenomenon. This study sought to examine the knowledge of Portuguese college students regarding trafficking in human beings. The study was conducted with 223 students from different Portuguese universities. The results revealed that college students presented high levels of knowledge about the phenomena's dynamics, trafficker profile and criminal dynamics and trafficking in human beings’ trajectories. Conversely, the students revealed lower levels of knowledge concerning trafficking in human beings’ purposes, the victims’ characteristics, and the victimization dynamics, and also trafficking in human beings’ specificities in Portugal. This knowledge is influenced by age, studying area and through contact with various sources other than academic institutions, which suggests a low compliance by the academic institutions with the third National Action Plan against trafficking in human beings, implemented in Portugal from 2014 to 2017.

Trafficking in persons is considered an illegal activity associated with transnational organised crimes. Interestingly, trafficking in persons as a transnational organised crime is increasing quickly. This could be illustrated by the growing involvement of criminal organisations in trafficking in persons. Therefore, it is important to address this crime. This is important because trafficking in persons is a large-scale problem linked with international organised crimes. However, such addressing requires identifying a number of issues regarding trafficking in persons as a transnational organised crime. These issues are the following: The first issue is clarifying the meaning of trafficking in persons as a transnational organised crime. The second issue is analysing the transnational nature of the crime of trafficking in persons. The third issue is the criminal jurisdiction over trafficking in persons as a transnational organised crime. The fourth issue is addressing trafficking in persons as a transnational organised crime. The fifth issue is highlighting the international, regional, and national responses to trafficking in persons as a transnational organised crime.Notably, addressing trafficking in persons as a transnational organised crime requires a holistic approach. This approach should include international, regional and national responses as well as states? cooperation and cooperation among international organisations. Such a holistic approach is significant because trafficking in persons is not limited to one country. Consequently, tackling trafficking in persons requires countries to unify their efforts and to make serious attempts in the fight against this crime. In this regard, it is to be noted that Jordan has made significant efforts of attempts to address the crime of trafficking in persons. Accordingly, the Jordanian example could be analysed and studied to determine what Jordan has done, how Jordan has done that and would that be done better in the future.

The crime of trafficking in human beings has appeared in Lithuanian criminal law relatively recently – on 2 July 1998. Both the name of the offence and the content of the norm are not usual in the sense of legal technique, since it does not refer to goods, but to the buying and selling of a person. Relevance of the topic: the relevance of the chosen topic is determined by the fact that human trafficking in the Republic of Lithuania is increasing every year. According to the reports submitted by the Ministry of the Interior of the Republic of Lithuania, pre-trial investigations of trafficking in human beings were mostly for sexual exploitation, but it is noticeable that the number of pre-trial investigations of trafficking in human beings for non-sexual exploitation (for committing crimes, forced work, pornography, illegal migration, drug trafficking, falsification of documents) has increased to such an extent that it has exceeded the number of investigations of trafficking in human beings for sexual exploitation. Objectives of the study: 1. To define the concept of human trafficking as a crime against human freedom. 2. To analyses the criminal liability for trafficking in human beings as a crime against human freedom regulation in Lithuania. 3. To analyses the problems of applying criminal liability for trafficking in human beings in Lithuanian court practice. Aim of the study: to expose human trafficking as a crime against human freedom. Object of the study: trafficking in human beings as a crime against human freedom. Research methodology: The Article uses a descriptive approach to research legal doctrine, analyses case law and interpret legal provisions in order to summarize the scientific literature analyzed and used. Results: The most common method of committing the offence of trafficking in human beings is deception, which takes the form of an offer of employment. It is easier for the accused to achieve their goals by exploiting the vulnerability of the victim. The vulnerability of the victim is determined by the following characteristics: difficult material situation, existing financial obligations, antisocial family, health problems, etc. It is important to note that the accused often refer to the fact that the victim consented to being exploited. Even if the victim of trafficking in human beings has consented to being exploited, but his or her consent has been extracted by breaking his or her will, the victim’s consent is not taken into account and does not make the exploitation lawful.

The two continents and oceans around Indonesia make Indonesia in the position of international shipping trade routes. However, in the geographical location of the State of Indonesia, it is threatened to become a traffic lane for crime. Trafficking in people or persons is not only a domestic concern, but is a universal problem that is increasing every year. The purpose of this research is to find out or provide knowledge about the fulfillment of restitution rights and rehabilitation rights, and compensation for victims of trafficking in persons which are criminal acts in court decisions. Normative juridical law is the method used by the author in this study. This study provides results that the right to rehabilitation, restitution, and compensation for victims of the Criminal Act of Trafficking in Persons in Decision No. 257/Pid.Sus./2019/PN SDA and Decision No. 889/Pid.Sus/2018/PN SDA according to the Law No. 21 of 2007 was not implemented or not applied by the Panel of Judges.

The role of the transport sector in facilitating and preventing trafficking in persons along high volume transport corridors in sub-Saharan Africa

Knowledge about trafficking in human beings has several implications for various social service and justice professionals. The aim of this study was to examine the knowledge of social service and justice professionals regarding the characterization of this phenomenon and anti-trafficking policies in Portugal. Four hundred and forty-six social service and justice professionals completed an online Human Trafficking Knowledge survey. The results revealed that Portuguese professionals have, in general, a good level of knowledge about trafficking in human beings, revealing higher-level scores for issues, such as trafficking in human beings’ idiosyncrasies and purposes in Portugal, trafficker profiles, criminal behaviour, victim profiles and victimization dynamics. On the other hand, participants scored lower in trafficking in human being’s trajectories and specificities within Portugal. This knowledge appeared to be influenced by variables, such as professional experience, previous contact with trafficking and training in trafficking in human beings. National policies must promote professional formal training about trafficking in human beings in different areas.

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.