A Multicultural Research Paper On Human Trafficking International Law Essay

Published: November 30, 2015 Words: 2377

Trafficking of human beings from the standpoint of international law means "the recruitment, transportation, transfer, harboring or receipt of persons by threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of authority or position of vulnerability or the giving in the form of payments or benefits to achieve the consent of a person having control over another person. Exploitation includes forced labor or services, prostitution of others or other forms of sexual exploitation, slavery or practices similar to slavery, servitude or the removal of organs."

Distribution of human trafficking still exists due to the limited access of productive employment, education, social protection and other resources, as well as the spread of poverty and segregation in the labor market. One of the variants of human trafficking is the exploitation of women and children (mostly), is to engage them in prostitution. Among the main reasons for pushing women into situations of trafficking, experts have called poverty and gender discrimination - factors affecting education, employment and gain confidence in the future.

Human trafficking is a global phenomenon: more than 130 countries have reported cases. It is one of the most lucrative illegal activities, after drugs and weapons. According to United Nations, it estimates that over 2.4 million people are being exploited as victims of human trafficking, whether for sexual or labor exploitation. Other forms of trafficking include bonded, organ trafficking and exploitation of children for begging or war. Up to 80% of victims of trafficking are women and girls.

The elements of human trafficking: include the act (what is done): The act of capture, transport, transfer, harboring or receipt of persons. The means (how it's done): threat or use of force, coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or giving payments or benefits in exchange for control of the life of the victim. Objectives (why they do it): for the purpose of exploitation, including prostitution, sexual exploitation, forced labor, slavery, removal of organs and similar practices.

No State party to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children can prosecute a person, who has been a victim of human trafficking, for any crime committed in relation to their experience as a victim of this crime. It is the responsibility of the State to protect the privacy and identity of victims of trafficking in persons, in particular, among other things, providing for the confidentiality of legal proceedings relating to such trafficking, as described in Human Trafficking. Each State party to the Protocol shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking.

The crime of trafficking is the forced transfer or deception of one or more persons from their place of origin (whether at the country's domestic or transnational), total or partial deprivation of liberty and labor exploitation, sexual or similar. It is different from illegal immigrants for several reasons: consent- in the case of smuggling of migrants, while often undertaken in dangerous or degrading conditions, migrants who have consented to traffic.

This illegal activity was known as white slavery (however, using that term now is not correct) because practice starts in a period of slavery where "about Black people" was a situation accepted by population and the state, in contrast to that era, the slavery of white women was a crime. At that time they were moved from their place of origin to be further exploited as prostitutes or concubines. At present, the correct term is human trafficking, which is used to describe any kind of trafficking of people regardless of age, gender or race because the term is originated by white racial distinction, and for being a crime, since at that time the question of black people was permitted and even was part of the revenue, now that designation is considered wrong or simply outdated.

Trafficking in persons, trafficking of human beings is a kind of trafficking for the purpose of transferring people from one place to another within the country or not. It can happen both legal and illegally. Currently in Brazil, trafficking in persons is a major source of income with trafficking, as overcoming drug trafficking and trafficking in firearms moving approximately $ 32 billion per year, according to the UN Office on Drugs and Crime (UNODC).

The internationally accepted definition for human trafficking is the Additional Protocol to the UN Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo, 2000), an instrument already ratified by the Brazilian government. According to this Protocol, the term trafficking in persons means: "The recruitment, transportation, transfer, harboring or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, abuse of authority or position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another for purposes of exploitation." There is anti-trafficking policy - United Nations (UN Global Initiative to Fight Human Trafficking), the Organization for Security and Cooperation in Europe (OSCE), International Organization for Migration (IOM). Certain activities are also undertaken by each government.

Human trafficking is illegal trade of human beings for the purposes of commercial sexual exploitation or forced labor: a modern form of slavery. This activity is the most growing criminal activity in the world and is associated with the illicit arms trade, as the second largest after the drug trade. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also known as the Trafficking Protocol), which adopted in 2000 by the United Nations in Palermo, Italy, is an international collection of diplomatic norms established under the Convention "Against International Organized Crime" (UN).

Protocol on trafficking in persons is one of the three protocols adopted in addition to the Convention. Protocol is the first global legally binding instrument with the agreed definition on trafficking in persons. The purpose of this definition is to promote convergence of national approaches to the definition of national crimes, which would facilitate effective international cooperation in investigation and prosecution of trafficking cases. Additional Protocol goal is to protect and assist victims of trafficking with full respect for their rights as humans.

Trafficking in Persons Protocol defines trafficking as: the recruitment, transportation, transfer, harboring or receipt of persons by threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or position of vulnerability or by giving or receiving of payments or income to obtain the consent of the person who has control over another person for exploitation. This operation includes, as a minimum, the exploitation of others through prostitution or other forms of sexual exploitation, forced labor or services, slavery or activities similar to slavery, servitude or organ removal. Consent of a victim of trafficking to the intended exploitation, as described above, is not considered valid if the use of any of the means listed above. Trafficking in Persons Protocol entered into force on December 25, 2003 to June 2010, the Trafficking Protocol was signed by 117 countries and 137 parties.

Human Trafficking is a crime against humanity. It includes the act of recruitment, transportation, transfer, harboring or receipt of people by force, coercion or other means for its operation. Every year thousands of men, women and children fall into the hands of traffickers in their own countries and abroad. Every country in the world is engaged in trafficking or as a country of origin, transit or destination of the victims. UN Office on Drugs and Crime (UNODC), as guarantor of the United Nations Convention against International Organized Crime and protocols, assists States in their efforts to implementing the Protocol to Prevent, Suppress and Punish Trafficking in Persons (Trafficking in Persons Protocol).

Trafficking is a global phenomenon. It strongly influences the country in a state of political and economic transition or post-conflict stress, which basically is the country of origin for the global trafficking of criminal proceedings. This phenomenon also affects both the economically more developed countries of destination and countries of transit. People, who live in difficult conditions, get attracted to the opportunity to improve their lives and get richer in more developed in countries, and at the same time in the destination countries is growing the demand for low-wage workers in illegal labor sectors, as well as in legal employment sectors with low wages. While both the 1970 and 1980 the Western European countries were destinations for traffickers who bring women and men, mainly from Asia and Latin America, with the collapse of communist regimes at the beginning of 1990 the situation changed. Women from Eastern European countries increasingly have come to dominate the "market" trafficking in Western Europe and in the Central and Southeastern Europe.

Trafficking is a highly profitable business. Currently it is the fastest growing criminal industry in the world. Globally, it is associated with the illicit arms trade, as the second largest crime after drug trafficking. Total annual income of trafficking is from 5 to 9 billion USD. Council of Europe states that "Human trafficking has reached epidemic over the past decade, with annual global market of about 42.5 billion USD." According to UN estimates, about 2.5 million people from 127 different countries are the subject of human trafficking worldwide.

Trafficking entails the exploitation of human labor by sex or commercial. Victims of trafficking are not allowed anywhere depart to arrive at their destination. They are held against their will by the used violence, they are forced to work or provide services to merchants or other persons. Works or services can include anything - from bonded or forced labor in commercial sexual exploitation. The agreement may be represented as an employment contract, but the absence or low pay or a very large exploitation. Forced labor is a situation when the victims are forced to work against their own will, under threat of violence or other forms of punishment, their freedom is limited and the degree of property ownership is under pressure. Forms of forced labor may include work as domestic servants, agricultural work, exhausting work in factories, plumbing work, in public catering and other services sectors, and begging.

Victims of sex trafficking are usually in difficult conditions and they are easy targets for traffickers. Those circumstances and situations are conducive to the actions of traffickers, including homeless persons, teenagers who ran away from home, housewives, drug addicts and refugees. Such work in the sex industry includes prostitution, performing in strip clubs, shooting pornographic movies and pornography, and other forms of forced labor. Sex trafficking in its activities includes international agents and brokers who arrange travel and employment for women from any other country. Women are lured to accompany traffickers based on pledge of very lucrative opportunities unattainable in their own country. However, once they reach their place of destination, it appears that women were deceived and now they only learn about the true nature of the work that they will perform. Most of them have been told lies about financial arrangements and conditions of their work, but women are already in coercive or abusive situations, from which it is difficult and dangerous to escape. According to the U.S. Department of Justice from January 2007 to September 2008 in the United States there were 1229 cases of human trafficking. Of these, 83 percent were the cases of sex trafficking, as stated in Human Trafficking in the United States.

In connection with the illegal nature and differences in methodology, the exact size and growth of human trafficking is unknown. According to the State Department the United States, annually, "roughly between 600 and 000 to 820 000 men, women and children are included in trade across international borders, about 70 percent are women and girls, and 50 percent are minors. The data also shows that most victims of international trafficking are in commercial sexual exploitation. ", as stated in Sex slaves, human trafficking ... in America?

Trafficking is carried across international borders, requires cooperation and interaction between states, if the goal is to effectively deal with this, this criminal activity. OSCE (Organization for Security and Cooperation in Europe), a special intergovernmental organization, which acts in accordance with the Charter of the United Nations, is one of the leading institutions to combat human trafficking, and regions where it operates, including North America, Europe, Russia and Central Asia. The total error is that trade can only occur in poor countries. But every country in the world is involved in this underground system that brings benefits.

"Country-provider" is a country with which it is possible to kill people for trafficking. Typically, these countries are impoverished, may be weakened by war, natural disasters corruption, or climate actions. Some countries are sources of human trafficking, such as Nepal, Guatemala, former Soviet territory and Nigeria, but there are also many others. "Transit country", such as Mexico and Israel, is a temporary stop on the way victims of trafficking to the country where they are slaves. "Destination country is a country where victims of trafficking end up in the end. These countries are usually rich, because there must be people who have the income to "buy products" from traffickers. Japan, India, most of Western Europe and the United States - are the destination countries, as described in U.S. rates itself on human trafficking.

The most common destination of trafficking victims are Thailand, Japan, Israel, Belgium, Holland, Germany, Italy, Turkey and the U.S. (according to a report of the UN Office on Drugs and Crime (UNODC)). The main supplying countries trafficking are Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova and Ukraine. In some regions such as Russia, Eastern Europe, Hong Kong, Japan and Colombia, trafficking is controlled by large criminal organizations. But, however, most trade is carried in the networks of small groups, each specializing in a particular area such as a job recruitment, transportation, advertising, trade or retail. This is very beneficial to them because you need little initial capital, and the prosecution happens relatively rarely. All in all, there is still a horrible situation in the world in the 21 century that shows that several millions of people are slaves and they are involved in human trafficking.