Human Trafficking Assignment 2022

Human Trafficking 1
Human Rights Law- Human Trafficking
Student’s Name
Institutional Affiliation

Human Trafficking 2
INTRODUCTION
Trafficking of human beings is not a new issue in the world. In fact, it is at the heart
of all human rights organizations all over the globe. It involves the recruitment, harboring,
and transportation of people to different places through exploitation and use of violence
against their will. The aspect of a will is of essential consideration having in mind its power
when it comes to matters of law. Human trafficking traces back in history during the colonial
period, where people were transported to go and work as slaves.
The year was 1492, Italian explorer Christopher Columbus stepped his feet in
America, discovered a whole new world and lifted the drapes of the era of colonization.
Native American was regarded as uncivilized species by Europeans, traded intercontinental
as slaveries and kept as personal properties. In the 18th Century the Europeans travelled to
different places in the world and took people to work for them as slaves. This was the
beginning of human trafficking in the world.1
WOMEN AND GIRLS VULNERABLE (STATISTICS)
Different people can be trafficked for various forms of exploitations, but the most
vulnerable group in our society are the women and children. This is not only because they
may be used for different forms of exploitation such as forced prostitution, forced labor, there
is also the new forced organ removal and lastly forced marriage, but also because they are
physically weak to resist or defend themselves. It makes sense that men would limit the
variety of exploitations they can be used for, and the level of resistance is also expected to be
high. The United Nations Office on Drugs and Crimes released a report in the year 2016
concerning human trafficking. According to this report, the vast majority of victims to human
1 P. Nestorova, "Trafficking In Human Beings And Human Rights: The Role Of The Council Of Europe
Convention On Action Against Trafficking In Human Beings" (2015) 27(1) International Journal of Refugee
Law.

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trafficking are women and girls. The report shows that of all the people that are trafficked,
women and girls hold 71 percent2.
According to the report, the main reasons for trafficking are sexual exploitation and
forced labor. Sexual exploitation though is predominantly on the rise. This would make sense
in that at the heart of every human right debate, forced labor is usually criticized, and that has
seemed to work over the past. Trafficking for sexual reasons has been on the rise because it is
usually secret. The Executive Director of United Nations Office on Drugs and Crime, Yury
Fedetov, emphasized the link between armed groups and human trafficking mentioning that
in most cases, men are killed or forced to act as combatants while women and children were
taken away by the armed groups3.
MODERN SLAVERY
Slavery did not end by the declaration of abolition of slavery in the early 19th Century,
instead its forms changed. Modern slavery continues to hurt people around the world. Recent
estimates are that over 40 million people around the globe are still affected by modern
slavery. The forms of slavery have changed in that people are now exposed to different
conditions different from the past. Women are forced into prostitution, children to
sweatshops, young girls forced to marry older men and at times people are forced to work at
construction sites. These are modern forms of slavery as these people don’t have a free choice
but to do as they are told. 4
STATES COMBATING HUMAN TRAFFICKING
2 "UNODC - Human Trafficking", Unodc.Org (Webpage, 2019) <https://www.unodc.org/unodc/en/human-
trafficking/index.html>.
3 Unodc.Org (Webpage, 2019)
<https://www.unodc.org/documents/data-and-analysis/glotip/2016_Global_Report_on_Trafficking_in_Persons.
pdf>.
4 Amir Paz-Fuchs, "Badges Of Modern Slavery" (2016) 79(5) The Modern Law Review.

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Before diving deep into trafficking, it is vital to note the reasons as to why human
trafficking has been on the rise all over again. Research has it that most of the people who fall
victims to trafficking are running to escape poverty to find jobs so that they can support their
lives and those of their families. It has also been reported that they in most cases, they go to
get better-paying jobs abroad than what they have back at home prompting the move. In other
cases, though the processes do not go as planned and hence they end up being stranded with
no way to return home. A typical reported scenario is where one finds that the jobs they were
promised don't exist or the conditions they will be exposed to are too harsh but it is always
too late as their documents have been taken away; thus they are forced to work until their
debt is paid off.5
According to the International Labour Organization 2014 report, forced labor as a single
component of human trafficking, generates an estimated revenue of $150 billion as of the
year 2014. This means that to some people, this is a business, and they work just as hard as
one would in their routine jobs.
Ever since colonization ended, different places in the world have been on the fight against
human trafficking that is against humanity. The 2016 UNODOC report describes that the
fight against this crime has improved, having 158 countries around the globe criminalized the
act. The UNODOC report goes on to state that, over the past 13 years, there has been an
enormous improvement though the rate of convicting criminals remains very low. Countries
and states are combating human trafficking as part of their sustainable development goals.
The United Nations has always been on the frontline calling for more resources to help in the
identification of human trafficking and also to improve the criminal justice system.6
5 Deanna Davy, "Understanding The Support Needs Of Human-Trafficking Victims: A Review Of Three
Human-Trafficking Program Evaluations" (2015) 1(4) Journal of Human Trafficking.
6 Dedria Bryfonski, Human Trafficking (Greenhaven Press, A part of Gale, Cengage Learning, 2013).

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To help in combating this vice, many states have criminalized the act as well as introducing
several sustainable development goals for their citizens. The UN, for example, has the
following development goals;
a) No poverty
b) Zero hunger
c) Quality education
d) Gender equality
e) Decent work and economic growth7
The United States, for example, in this fight against human trafficking, uses a four
paradigm to approach the crime. These include;
Prevention- the US has several organizations that help it to investigate any form of human
trafficking and also creating awareness among the public.
Protection- their borders are adequately manned to prevent such occurrences from
happening. They also ratified the laws preventing such acts from happening to either
residents or non-residents. Anyone who is found is usually prosecuted, and this promotes
deterrence in the general public.
Prosecution- criminals are taken to court to be tried and punished, and one of the reasons
as to this is to deter other citizens from engaging in such acts. This works for every crime
that has been committed and not only human trafficking.
Partnerships- this is bringing every individual or organization that might be able to help in
the fight against trafficking. These stakeholders provide information about these activities
7 Giuseppe D'Angelo, "Fighting Against Organ Trafficking Through The 'Public Role' Of Religion: A
Problematic Choice" (2017) 1(2) Journal of Trafficking and Human Exploitation.

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and also help those who have been affected by human trafficking. This may be by
supporting them emotionally or even financially.
In addition to all these, each state has passed its laws to combat and address human
trafficking.
CONCLUSION
Going back to the corridors of law and justice, human trafficking is a grievous criminal
offense against humanity. Some of the crimes committed in the process of human
trafficking include; rape, forced prostitution, domestic servitude, and forced labor. All of
these are violations of human rights, and everyone should be protected against such. The
United Nations Human Rights Commission was formed in the year 2006 to help in
combating such inhumane activities. Trafficking of humans is addressed under Article 3
of the UNHCR laws.8
Women, girls, and children who are vulnerable to trafficking should be provided with
extra protection to avoid the occurrence of such.9 We live in a society formed by
"differences"; globalization brings together people from different gender, race, religion,
nationality, and sexual orientation. Optimistically saying, these differences collide and
spark, inspire the human society to step into a higher level of civilization.
"Optimistically" because the ugly truths happened during the process of integrating
differences has been overlooked, not to mention until today, "human trafficking” still is
an unsolved and crucial social issue. Examining the social fabric of most societies in the
documented history of human beings, colliding of differences usually comes as a
consequence of conquering and colonization.
8 Silvia Rodríguez-López, "Criminal Liability Of Legal Persons For Human Trafficking Offences In
International And European Law" (2017) 1(1) Journal of Trafficking and Human Exploitation.
9 Margaret Malloch and Paul Rigby, Human Trafficking (Edinburgh University Press, 2016).

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Sadly, we are still addressing issues that were being addressed a century ago as
though we have not learned anything, even in the eyes of civilization. Human trafficking
is not only legally wrong but morally. We all have seen and experienced the devastating
effects of human trafficking; it is time we got civilized and move on without which we
will be still dragging century-old problems.

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References and Bibliography
Unodc.Org (Webpage, 2019) <https://www.unodc.org/documents/data-and-
analysis/glotip/2016_Global_Report_on_Trafficking_in_Persons.pdf>
Bryfonski, Dedria, Human Trafficking (Greenhaven Press, A part of Gale, Cengage Learning,
2013)
D'Angelo, Giuseppe, "Fighting Against Organ Trafficking Through The 'Public Role' Of
Religion: A Problematic Choice" (2017) 1(2) Journal of Trafficking and Human
Exploitation
Davy, Deanna, "Understanding The Support Needs Of Human-Trafficking Victims: A
Review Of Three Human-Trafficking Program Evaluations" (2015) 1(4) Journal of
Human Trafficking
Malloch, Margaret and Paul Rigby, Human Trafficking (Edinburgh University Press, 2016)
Nestorova, P., "Trafficking In Human Beings And Human Rights: The Role Of The Council
Of Europe Convention On Action Against Trafficking In Human Beings" (2015)
27(1) International Journal of Refugee Law
Paz-Fuchs, Amir, "Badges Of Modern Slavery" (2016) 79(5) The Modern Law Review
Rodríguez-López, Silvia, "Criminal Liability Of Legal Persons For Human Trafficking
Offences In International And European Law" (2017) 1(1) Journal of Trafficking and
Human Exploitation
"UNODC - Human Trafficking", Unodc.Org (Webpage, 2019)
<https://www.unodc.org/unodc/en/human-trafficking/index.html>