Before deepening current and prospective international legislation aimed at fighting human trafficking, it is fundamental to understand what the human trafficking phenomenon is and who can be designated as a human trafficking victim.
As a matter of fact, according to UNODC, human trafficking can be classified as a “global crime that trades in people and exploits them for profit” (1). Victims of human trafficking are people of all gender, ages, and background, originating from any country in the world (1). Traffickers have the fraudulent intent to trick, coerce, and deceive their victims. In particular, traffickers use violence and other forms of coercion to force their victims to comply with their demands, which may be as varied as forced labor, sexual exploitation, forced marriages, etc. Traffickers may blackmail individuals to make them comply with the orders given by the perpetrators and, sometimes, children are involved as well. In this sense, children are taken from their families who already find themselves in a marginal social situation. It could happen that children are abandoned or orphans, and that makes their exploitation easier. It is to be highlighted that, when the crime of human trafficking causes the victims to cross national borders, one can speak of migrant smuggling (it should be emphasized that victims are often intended on starting or continuing a migration route and, in the process, run into trafficking networks that take advantage of their vulnerability, e.g. smugglers who, from the Libyan coast, convince migrants to pay them large sums of money to transport them to European coasts on perilous means of transport). It is clear that human traffickers’ aim is to take advantage of vulnerable, desperate people with the purpose of exploitation.
In order to counter human trafficking, there are international legal instruments addressing this matter; in particular, reference is made to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (3). Such document supplements the United Nations Convention against Transnational and Organized Crime (4), which is the only legal instrument aimed at addressing human trafficking as a crime. In focusing on the Protocol (3), it is to be mentioned that its purpose is mainly to prevent and combat trafficking, protect, and assist the victims. This notwithstanding, it is clear how the mentioned document is not sufficient in deterring criminals from engaging in this type of act, which sometimes even results in trafficking across borders, when the victims are migrants. It is clear that cooperation between ratifying and non-ratifying countries of the aforementioned Protocol is not sufficient in combating this phenomenon: neither in stopping it nor in punishing the perpetrators. It may be that, in some cases, State administrations themselves are somewhat unfocused on making this phenomenon a priority.
Nonetheless, what is clear is that there is a need to strengthen human trafficking’s legislation at the international level. In doing so, the international community should outline possible penal consequences for those guilty of the crime of human trafficking, as well as rehabilitation programs for victims who are rescued.
The aim would be to enhance crime prevention and criminal justice within the support of national legislation on human trafficking. In doing so, the United Nations or other organizations (be it international, national, governmental, and non-governmental) should initiate programs aimed at training a wide range of officials, including police officers, border control guards, labor inspectors and victim support specialists (1). Moreover, considerable efforts should be made in the direction of dismantle the criminal networks behind the human trafficking crime, trace the illegal proceeds and protect and assist victims. The aim of the States should be to dismantle criminal networks engaged in any kind of human trafficking. This would involve arresting and prosecuting those responsible. At the same time, a key step should, as mentioned, be the support of the victims; in particular, reference is made to psychological support and social reintegration. In point of fact, the two types of support are, clearly, strongly interconnected and need the support of social networks designed to help victims of human trafficking overcome the trauma suffered and start a new life.
To make this possible, international coordination between States is strongly needed. First and foremost, more effective monitoring of the situation in States that have not yet ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime is essential, intervening where human trafficking crimes are found. Undoubtedly, the international community’s objective must be the universal ratification of the aforementioned Protocol, so that its provisions can become mandatory for the entire international community. Furthermore, it would be crucial to implement an internationally shared system of criminal sanctions for the perpetrators of the examined crime, as well as lines of coordination between targeted countries when the crime crosses national borders.
References:
- https://www.unodc.org/unodc/en/human-trafficking/faqs.html
- https://www.ohchr.org/sites/default/files/Documents/Publications/Traffickingen.pdf
- https://www.unodc.org/res/human-trafficking/2021the-protocol-tip_html/TIP.pdf
- https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf
By The European Institute for International Law and International Relations.
