Human Trafficking Research Articles

An Analysis of Ferienjob Practices in Germany: Modus Operandi, Legal Actions, Prevention, and Global Comparisons

The Ferienjob program in Germany which was started as an opportunity for students to find work and earn an income during vacations has of late come under criticism and allegations of being justifications for more nefarious endeavors such as human trafficking and labor slavery. In the light of this background, this article examines the factors that facilitated the exploitation of over 1,000 Indonesian and Uzbek students engaged in the Ferienjob scheme arguing about weaknesses in the host and the students’ home countries’ labor protection systems. Even though there are labor laws in Germany like the Employengesetz which forbids the exploitation of minor employees and the Mindestlohngesetz which ensures at least a guaranteed pay for every employee’s work, exploited labor has not died down and students remain to be in low wage and unsafe working conditions due to the contracts that they deal with. The research includes questions regarding the qualitative methodology that reflects both primary data collected through the interviews and secondary data obtained from government documents and legislations. The key study findings include the use of false claims in this particular case to lure in students, the stealing of the student’s money via placement fees, and the lack of proper legal care for foreign employees. The article further examines the responses issued by Indonesia and Germany in the court trying to show that it is extremely hard to bring the offending parties to book and to coordinate the protection of labor laws. As a final point the study provides the suggestions of how the preventive measures could be improved including enhanced regulations for recruitment firms, an improvement in the control of international agencies, and improvement of university partnerships.

Perdagangan Organ Tubuh Manusia untuk Kebutuhan Medis dalam Konteks Kejahatan Transnasional

This research focuses on the discussion of regulations in the field of health and transnational crime in responding to the rampant criminal acts of human organ trafficking carried out across countries. This research provides a limitation that the organ trade in question is for medical needs such as donors or transplants. The purpose of this study is to determine the existing criminal law and health law arrangements in Indonesia as well as the legal relationship between Indonesia and other countries regarding human organ trafficking in the context of transnational crimes. This study also provides appropriate legal and health efforts in tackling the rampant cases of human organ trafficking for medical needs carried out across countries. The research method used in this study is normative legal research with a statutory approach, literature review, and interviews with resource persons.

Special Issue of International Criminology: ‘Misleading the World? Reassessing the International Impact of the British Modern Slavery Agenda: Vietnam

AbstractVietnamese nationals feature conspicuously in the British narrative of modern slavery. In 2019, 39 Vietnamese nationals tragically died in a refrigerated lorry in Kent, in a case which shocked both countries (Barnes T (2019) Essex lorry deaths: concerns ‘snakehead’ smuggling gangs could be behind 39 found dead in trailer. The Independent Newspaper. https://www.independent.co.uk/news/uk/crime/ essex-lorry-deaths-latest-snakehead-chinese-gang-human-trafficking-people-smuggling-a9171 066.html. {Accessed 18/04/2024}. Yet, in early 2024, Vietnamese nationals are currently the most likely migrants to reach the United Kingdom via small boats. This article—based on ongoing legal work and research carried out in both Vietnam and the United Kingdom—will explore the history of irregular migration from Vietnam and its specific connections to illegal drug cultivation. It will evaluate the impact of key domestic initiatives such as the National Referral Mechanism and the Modern Slavery Act 2015 https://www.legislation.gov.uk/ukpga/2015/30/section/45 {Accessed 14/09/2024} as well as most recent anti-trafficking campaigns in the United Kingdom and Vietnam. It argues that the losses of life in a refrigerated lorry in Essex and the continuing migrations are as much a product of prohibitionist drug policies as contradictory immigration and human trafficking messaging.

PENANGGULANGAN TINDAK PIDANA PERDAGANGAN ORANG MELALUI MEDIA SOSIAL DALAM PERSPEKTIF KRIMINOLOGI

Handling human trafficking has its own regulations, this research aims to use social media as a role in handling human trafficking by using normative legal research methods with primary and secondary data sources and by data analysis using qualitative descriptive data, the researcher conducted research on handling the crime. The criminal act of trafficking in persons through social media from a criminological perspective, where the discussion will be discussed further regarding the regulations related to overcoming the criminal act of trafficking in persons through social media from a criminological perspective as well as overcoming the criminal act of trafficking in persons through social media from a criminological perspective. Agencies and institutions have given them the right to disseminate and leave digital traces to assist the investigation process. Apart from violating the human trafficking law, human trafficking also violates the human rights law because by carrying out human trafficking, human trafficking eliminates a person's rights as stated in the human rights law. Criminology is divided into three aspects, namely crimes against person, crimes against property, crimes against public decency. Cases of criminal acts of human trafficking that are publicly disclosed regarding the mode and conditions of the perpetrators and victims are known to connected the three aspects of criminology.

Challenges in Migrations: Combating Trafficking in Human Beings in Serbia

The state laws of the Republic of Serbia recognize trafficking in human beings as a form of organized criminal activity, and different acts treat the prevention, repression and punishment of trafficking in human beings as well as the protection of the witnesses and the injured persons, before, in the course of and after the criminal prosecution. The Council of the Government of the Republic of Serbia for the fight against human trafficking was first constituted in December 2005, as an expert, advisory body of the Government. The Constitution of the Republic of Serbia from 2006 deals with the issue of human trafficking in the provision of Article 26: “It is expressly forbidden that no one can be held in slavery or in a position similar to slavery, that is, every form of human trafficking and forced labor under which it is considered sexual or economic exploitation of persons in a disadvantaged position”. The Criminal Code sanctioned: Human Trafficking (Art. 388); Trafficking in children for adoption (Art. 389); Establishment of slavery and transportation of persons in slavery (Art. 390). People smuggling is criminalized as a separate criminal offense under Unauthorized Crossing of the State Border and People Smuggling (Art. 350). The aims of this work are to indicate all relevant regulations that are applied against human trafficking in Serbia as well as to show the cooperation of Serbia as a candidate country and EU accession with other countries in the fight against human trafficking and the cooperation of state authorities and non-governmental organizations in preventing human trafficking in Serbia and abroad. At last, the cases of migrants and human trafficking described in the media are presented and what kind of attention these criminological phenomenons are causing in Serbia.

Exploitation and Trafficking of Women and Girls for Forced Marriage in India

ABSTRACT Trafficking of women and girls for forced marriage in India is a growing phenomenon. Acute poverty, dowry practices, and precarious family socioeconomic conditions after the COVID-19 pandemic in India have resulted in evidence that young girls are being sold and lured through false promises of employment and good quality of life for the purpose of exploitation. Studying the experiences of 34 Indian trafficking victims, this paper explores and analyses the dynamics of human trafficking for the purpose of marriage and to describe their experiences and health conditions (physical and mental) during the trafficking. Findings revealed that victims were forced to marry before reaching the legal marriage age (18 years), and were subjected to multiple forms of violence, including verbal abuse, threats, physical and sexual violence, which co-occurred in diverse contexts at work and resulted in a wide range of physical health consequences, from head injuries to broken bones and mental health problems. The study concluded on the need for strong implementation of law enforcement in the region to stop the trafficking for forced marriage, including a highly needed intensive awareness program to eradicate patriarchal attitudes and practices on the commoditisation of women, dowry practices, and curb the trafficking network.

Elements of a care pathway for human trafficking victims in emergency departments: A mapping review.

Human trafficking, a form of modern slavery, is a global health problem. Human trafficking victims may need health care while they are being exploited, and traffickers often take victims to emergency departments (EDs) if their injuries and illness prevent them from working. Healthcare professionals in EDs could help combat human trafficking; however, 85% of human trafficking victims in EDs remain unidentified. Implementing a standardized care pathway to improve the identification and care of human trafficking victims may improve the identification of these victims and allow victims to become survivors. This mapping review aimed to identify the elements that should be included in a care pathway facilitating the recognition of and response to human trafficking victims in EDs. Five electronic databases generated 159 articles and 628 gray literature records, of which 23 primary research reports and five reports from gray literature were included. The following electronic databases were searched: EBSCOhost, Scopus, Web of Science, ProQuest, and PubMed. ProQuest Central and gray literature were records OR Magazines OR Newspapers OR Blogs, Podcasts, AND Websites OR Working Papers OR Conference Papers & Proceedings. The inclusion criteria for the population were adults (≥18 years), human trafficking victims, and sex trafficking victims. The concept, pathway and algorithm, and context of the ED were used. Records were blinded when assessing eligibility. The demographics of the included records were descriptively analyzed. The reports and gray literature were deductively coded and charted. The data extraction tool was based on the emergency nursing framework and was developed before data extraction. Inductive analysis was used to create subthemes, namely, approach to victims, characteristics, red flags, identifying questions, opportunities to be recognized, strategies, approach upon recognition, potential danger, and resources. A holistic care pathway embedded in a person-centered trauma-informed approach was conceptualized. The strategies are based on The Blue Heart and The Blue Campaign 4Ps, including prevention, protection, prosecuting, and partnerships. An evidence-informed approach that is culturally congruent and gender sensitive should be adopted. Healthcare professionals will be able to identify and assess victims, avoid retraumatization, and initiate interprofessional partnerships to provide coordinated care. Human trafficking victims may escape detection in EDs. This mapping review identified elements to be included in a care pathway for recognizing and responding to victims of human trafficking. The care pathway should be built on person-centered and trauma-informed care and include prevention, protection, prosecution, and partnership-building strategies. Moreover, an interprofessional team approach is needed to identify, assess, and care for such victims. Future studies should develop a standardized care pathway for healthcare professionals to recognize and respond to human trafficking victims in emergency departments.

Why We Cannot Identify Human Trafficking from Online Advertisements

ABSTRACT Numerous studies have attempted to identify instances of human trafficking through online sex advertisements. In this paper, I critically examine why these studies fall short of their claims, highlighting a paucity of empirical evidence to back their assertions. I identify seven issues in this research area: overstated objectives, a lack of evidence concerning the accuracy of human annotators and trafficking indicators, subjective interpretation of these indicators, an assumption of the veracity of ads as true representations of sex workers, a tendency to conflate human trafficking with sex work, and an oversimplified understanding of the experiences of human trafficking victims. While offering potential solutions to these problems, the paper ultimately concludes that it remains unlikely for research to detect victims of human trafficking based solely on online ads.

آليات الحماية الدولية للمهاجرين في ظل الشريعة الإسلامية والقوانين الدولية

International protection for migrants will not be achieved unless there are mechanisms that guarantee its implementation. Islamic law has established various mechanisms within the framework of legal responsibility, and has established religious rules and provisions for them. It has worked to classify categories of migrants and has determined procedural guarantees and multiple measures governed by practical controls to arrange them, and criminal penalties in the event of their violation, thus preserving the dignity of migrants. The mechanisms have been distributed among individuals, society and the state, resulting in comprehensive mechanisms and practical guarantees for implementing protection and reducing contemporary phenomena that have affected migration. Positive laws within the national framework have sought to support protection for legislative and judicial institutions and diplomatic channels, and have allowed civil and media institutions to participate in supporting them, and have organized practical procedures for their implementation, and have created special facilities to combat the phenomenon of smuggling and trafficking in persons. As for international laws, the international community has gone to establish specialized international agencies, and supported them with practical measures by forming international committees concerned with human rights and monitoring violations that occur in the conditions of migrants, and has involved some channels supporting the implementation of protection, and has been supported in this by multiple regional bodies and international governmental organizations. And non-governmental, and took a set of security and administrative steps to combat criminal phenomena and similar movements at multiple levels, and worked to expand the scope of countries’ participation within the framework of international cooperation. However, protection mechanisms still face many challenges and obstacles.

Factors, Counter-Trafficking Programs, and Geographical Variations in Human Trafficking Literature (2010–2022)

ABSTRACT This paper provides an overview of key findings from human trafficking studies published between 2010 and 2022. It presents recent research trends and interventions on human trafficking. The purpose of this study was to bridge the research-to-policy gap by identifying priority areas for research and creating an innovative platform, the Human Trafficking Evidence Gap Map (EGM). Through consultations and thematic coding, the most and least commonly studied factors and outcomes related to human trafficking were identified. The study reveals geographical variations in counter-trafficking programs and policies. The paper contributes to developing the Human Trafficking EGM as a tool to facilitate evidence-informed decision-making and supports progress toward the UN Sustainable Development Goals 5, 8 and 10 by enhancing the understanding of trafficking factors and outcomes. The findings empower researchers and policymakers to develop targeted interventions, strengthen legal frameworks, and foster international cooperation. Ultimately, these efforts will advance the efforts to eradicate human trafficking and promote a more just and equitable society.

The Challenges of Intergovernmental Organizations in Combating Transnational Crime: An Indonesian Perspective

Human trafficking is a pressing global issue, especially in the Southeast Asian region, where Indonesia plays a role as a country of origin, transit and destination. This study aims to identify the cooperation between the Indonesian Police and ASEANAPOL using descriptive qualitative research methods. This research also highlights the role of ASEANAPOL through 4 strategies of handling Indonesian Police in collaboration with ASEANAPOL which include capacity building through training (ATCM), international meetings (AMMTC and SOMTC), electronic-based real-time information exchange (System e-ADS), and strengthening cross-border investigation mechanisms through the Joint Coordination System (JCS) with border guarding and dispatching personnel such as Attache POLRI (ATPOL) and POLRI Technical Staff (STAFNISPOL). While this research focuses on preventive responses to human trafficking, there are limitations that need to be considered, including aspects of prevention and prosecution involving victim identification and protection. Future research is recommended to explore all aspects, including prevention and prosecution measures, to develop ASEANAPOL’s organisational framework in addressing transnational crimes.

Child Trafficking as a Predictor of Subsequent Juvenile Justice Involvement

ABSTRACT This study examines human trafficking (HT) allegations and subsequent juvenile justice (JJ) involvement. We used longitudinal, statewide, linked administrative data from the Florida Department of Children and Families (DCF) and Florida Department of Juvenile Justice (DJJ) to investigate predictors of JJ involvement following an HT allegation. We conducted (1) logistic regression models to identify youth characteristics, prior DCF experiences, and prior DJJ experiences that predict JJ referral following an HT allegation and (2) a survival analysis to identify time until JJ referral following an HT allegation. Significant predictors of JJ involvement following an HT allegation include being age 11–17, male, Black, and non-Hispanic; prior neglect, physical abuse, missing-child events, and a number of JJ referrals prior to the alleged trafficking. This research informs the JJ system’s approach to child trafficking victimization.

Human trafficking screening in Saskatoon Emergency Departments: What can be learned from high-risk patient presentations?

ObjectiveStudies have shown that Emergency Department physicians have little to no training in recognizing and supporting victims of human trafficking despite being uniquely situated to identify and intervene on behalf of these patients. We assessed if screening for human trafficking was being completed by emergency physicians in three Saskatoon emergency departments.MethodsWe performed a retrospective chart review of patients presenting to three Saskatoon emergency departments deemed to potentially be at risk of human trafficking, based on discharge diagnosis. Of the 223 included charts, data extracted included sex, age, ethnicity, chief complaint, diagnosis, disposition, HT Screening (Y/N), specific quotes relating to HT, time of visit, intimate partner violence (Y/N), and travel history. Both quantitative and qualitative thematic analyses were conducted on this data.ResultsNone of the charts (0%) included in this study had any documentation around screening for human trafficking. Furthermore, 21.1% of the high-risk patient charts included in this study -- which included many patients with a discharge diagnosis of sexually transmitted disease or pelvic inflammatory disease -- did not contain a documented sexual history. Thematic analysis revealed that the patients included in this study frequently had challenges with sexual health, substance use, and houselessness.ConclusionThis study found that Emergency physicians in Saskatoon were not routinely screening for human trafficking. Implementation of further training is needed to help these physicians recognize and subsequently support potential victims of human trafficking.

Legal Constipation on Protecting the Rights and Conditions of Victims of Human Trafficking Criminal Acts through The Implementation of Restitution

Inadequate efforts have been made to restore the rights and conditions of victims of human trafficking. This essay will look at the protection offered in order to better understand how victims of human trafficking crimes have not had their rights and losses satisfied. It takes a sociological-legal approach. The analysis of the available data indicates that the effective implementation of the protection of the rights of human trafficking victims has been hampered by the restitution regulations' lack of clarity regarding the amount and the regulation of substitute punishment for restitution. Victims of human trafficking may endure material, emotional, and bodily agony as a result of this crime against humanity. Moreover, it is challenging for victims and law police to record or.

Resistentia feminarum in visionibus: Joint fantasizing as a practice of migrant women’s narrative resistance to the Caporalato system

The Caporalato system parallels the gangmaster framework, underlining illicit labor practices mediated by intermediaries. This system is entrenched in master narratives—culturally ingrained stories that dictate behaviors and perpetuate power disparities, safeguarding the privileges of the elite. Within this oppressive framework, women face heightened challenges, including increased vulnerability to human trafficking and exploitation. This study explores the counter-narratives developed by women in response to Caporalato’s master narratives. It gathers empirical data from naturally occurring meetings with 11 women from diverse African nations, conducted between January 2023 and July 2023. Using the joint fantasizing approach, which focuses on collaboratively constructed stories with potential future impacts, the study unveils three prominent themes of resistance: ‘My son will make me a queen’, ‘My body will set me free’, and ‘I want to stay at home!’. This analysis reveals that effective resistance through counter-narratives does not rely on forming a single, unified story opposing the master narrative. Rather, these narratives selectively challenge and sometimes adopt aspects of the dominant stories they confront.

The role of South Africa Border Management Authority in tackling border crime: evaluating security networks and evidence-based policing approaches

Inadequately secured national and international borders enable the influx of illicit weaponry and ammunition, as well as the transit of illegal immigrants over South African frontiers. Organised criminal factions have executed armed robberies, vehicle theft, hijacking, cash-in-transit heists, as well as human and drug trafficking throughout many places, towns, and cities in South Africa. The enlistment of security agencies and other stakeholders is essential in combating crime. This study examines the evaluation of the South African Border Management Authority, security networks, and evidence-based policing as comprehensive strategies for addressing border crime and improving safety and security in South Africa. A hybrid methodology was employed for data collecting. The porous borders facilitate the undetected entry of illegal immigrants, and certain security personnel have undermined the system. Evidence-based policing employs scientific evidence for decision-making, grounded in the principle that research should identify areas requiring law enforcement intervention. The Border Management Authority is tasked with the enforcement of South African immigration laws, as well as the protection, control, and management of borders. Recommendations include adopting evidence-based policing and security networks as comprehensive strategies for addressing illegal transnational trade, drug and human trafficking, organised crime, and terrorism; designing and implementing a multi-agency approach; and utilising criminal justice technology and security engineering to improve border security.

The Impact of the Lomé Charter on Combating Trafficking in Persons at Sea: A South African Legal Perspective

A major maritime problem on the African continent is the widespread proliferation of threats to maritime security, including trafficking in persons (‘TIP’) at sea. The relevant South African legislationis the Prevention and Combating of Trafficking in Persons Act 7 of 2013. South Africa and other states on the continent have taken several steps to address this scourge; despite those steps, TIP continues. For that reason, and to address many other maritime security threats in Africa, member states of the African Union adopted in 2016 the African Charter on Maritime Security and Safety and Development in Africa (‘the Lomé Charter’), which has yet to come into force. This article analyses the relevant pre-existing international instruments, the TIP provisions of the Lomé Charter and the South African legislation. The South African legislative provisions are then compared with the relevant provisions of the Lomé Charter to establish whether any legal steps are required to ensure that South Africa complies with its TIP-related obligations under the Lomé Charter should South Africa decide to ratify the Lomé Charter and should the Lomé Charter come into force. The legal steps required are that South Africa must, among others, adopt policies that guarantee the availability of resources, either from public funds or by forging public-private partnerships, to invest in equipment, operations and training to combat TIP at sea. In addition, South Africa should join other state parties in adopting guidelines and modalities to assist them in fulfilling their obligations in the Lomé Charter.

International Co-Operation as a Veritable Tool in Combating Human Trafficking: A Review of the Decision in R V. Josephine Iyamu

The investigation, rescue of victims and effective prosecution of human trafficking offences which occurred in two or more states is a major challenge to stakeholders around the world. This paper examined international cooperation (mutual assistance in criminal matters) as an important tool to contain human trafficking. It briefly demonstrated the informal and formal forms of collaboration available to states and highlighted the bases for cooperation, it adopted the doctrinal research method. It also Reviewed the facts and law of the UK court decision in R v. Josephine Iyamu which represents the global expectation of all countries as it brought to the fore the high level of collaboration exhibited by Germany, the United Kingdom, and Nigeria in bringing the offender to justice. The paper concluded with a clarion call on all nations of the world to activate international collaboration as a useful tool in the fight against human trafficking.

Perlindungan Hukum Terhadap Korban Eksploitasi Seksual pada Tindak Pidana Perdagangan Orang di Yogyakarta

Legal protection for victims should be considered in the running of justice in Indonesia. Protection of victims talks about fulfilling a victim's rights, both in and after the judicial process. One form of legal protection that is quite interesting to discuss is related to legal protection for victims of sexual exploitation. This research seeks to answer the forms of protection for victims of sexual exploitation of criminal acts of human trafficking in the Special Region of Yogyakarta and the obstacles in implementing legal protection for victims of sexual exploitation of criminal acts of human trafficking in the Special Region of Yogyakarta. This type of research is field research using an empirical juridical approach. The results of this research show that legal protection for victims of sexual exploitation (sex trafficking) of criminal acts of human trafficking in the Special Region of Yogyakarta has not been fulfilled, because there are still victims who are neglected due to several factors, including, legal officials who lack competence in handling victims of sexual exploitation. Victims who are not cooperative in the protection process or law enforcement process, inadequate protection facilities, including shelters as rehabilitation places whose needs have not been met, as well as a team of psychologists and legal counselors who are not proportional to the number of victims. The obstacles to implementing forms of legal protection for victims are that the mechanism for blocking the assets of perpetrators or convicts has not been regulated, causing the right to restitution not to be fulfilled optimally. Low public knowledge and awareness of exploitation and its impacts, causes victims not to feel like they are victims of sexual exploitation.

Improving the Estimate of Trafficking in Human Beings and Modern Slavery by Integrating Data From ILO/Walk Free/IOM and UNODC

Abstract An improved global estimate of the amount of trafficking in human beings/modern slavery is produced. The paper develops the methodology for data to populate Indicator 16.2.2 in the UN SDGs, ‘the estimated number of victims of human trafficking per 100,000 population, by sex, age, and form of exploitation’. The improved estimate is constructed by integrating data from the International Labour Organization/Walk Free/International Organization for Migration (ILO/Walk Free/IOM) with administrative data from United Nations Organization on Drugs and Crime (UNODC) rather than from the Counter Trafficking Global Data Collaborative (CTDC). The data from the UNODC is more comprehensive and less volatile than that from the CTDC on registered victims of trafficking. The new estimate is more than 30% larger, increases the proportion of trafficking for purposes of sexual exploitation from 27 to 56%, and increases the proportion of victims of trafficking who are female from 54 to 64%. This has implications for the priorities for social and public policy for prevention and for the provision of services to mitigate harms.