This article is written by Gitika Jain, from Amity University, Kolkata. This is an exhaustive article which deals with training in various countries related to combating human trafficking.
Table of Contents
Introduction
A “modern form of day” slavery that includes the use of force or coercion in order to obtain service from labour for commercial activity is known as human trafficking. It also involves commercial sexual exploitation of children under any circumstances. It is estimated that 24.9 million men, women, and children are exploited in different contemporary slave practices. Along with drug trafficking and arms dealing the most profitable crimes in the world is human trafficking. A grim reality of the global community in the 21st century is human trafficking. Though there have not been any reliable data of present depending on a large number of fats and the ability to measure the nature of human trafficking it makes it the most profitable crime in the world. Such grave is the gravity of human trafficking it comes off as shocking and shaking the core of the sense of humanity.
The activity of human trafficking is flourishing as a business because it is generating a profit of approximately $150 billion every year. The increasing profitability of human trafficking especially across boundaries of state and municipal throws a daunting challenge to the transportation industry because the use of transportation is major in carrying out the human trafficking activities and the traffick was mainly relying on the transportation industry in every stage of human trafficking, for example, for recruitment, controlling victims, moving them, delivering them to the buyers, etc.
The data available in hand related to the transportation of human trafficking confirm that majority of the times victims are taken from one place to another by buses, subway, trains, taxis, cruise, ships, rideshares, private vehicles, or aeroplanes. An example can be taken of 2003 where there was an address of United Nation by President George W Bush who pictures the substantial attention by human trafficking in international politics. He was of the opinion that trade in human beings is for any purpose should not be allowed to exist in today’s scenario.
In 2002 September there was a conference on trafficking that was the Preventing and Combating Trafficking in Human Beings that was made by a major political party in Europe and the terms of human trafficking were decided thereon.
Human trafficking was identified by President Obama in 2012 as one of the great Human Rights issues. He also considered human trafficking as the major point for international and national policy concerns. The growing of human trafficking is reflected in the publishing material that was focusing on that subject matter. There were innumerable books, academics and non-fiction that were focused on human trafficking. However, if there is no shortage of information on human trafficking there will remain a dearth of information on bonded labour, organ trafficking, migrant labourers, etc.
An opaque picture of human trafficking
Human trafficking be it any form is a violation of human rights and should not be tolerated. If we will eliminate the problem or reduce it to some level we will have to know the basic nature in order to better understand the prevention strategies. The modern form of slavery has been emphasized by anti traffic advocates a lot and the various strategies have been framed based on the assumption of such instances of human trafficking. For example, in 1999, the co-founder of Free The Slaves foundation stated that more and more people are being lead to such situations today and human trafficking involves illegal movement of people which is a crime and exploitation of them in all forms. There were efforts put into conduct national service to estimate human trafficking and have sufficient awareness about such crimes.
Training to combat human trafficking in various countries
Argentina
Legal framework
In 1957 stratification of the UN convention for suppressing human trafficking and the reducing exploitation of others was taken place by Argentina. Similarly in 2002 other ratification of protocol to prevent and punish trafficking in persons especially in women and children was done. In 2008 prevention and punishment of trafficking in persons was adopted to prevent and fight human trafficking of all sorts and was added as a crime in the Penal Code. In addition to this resolution of the ministry of justice, human rights were also created to provide the human trafficking victims with medical, social, logical, and psychological support.
Enforcement authorities
The Federal council was created to fight against human trafficking and exploitation and protect victims. It had the following powers:
- To oversee the activities of the executive.
- To promote the adoption of standards and best practices.
- To set up a strategy to fight against human trafficking.
- To approve and recommend a better legal framework that was applicable to the crime of human trafficking.
- To promote international cooperation.
- To issue internal regulations.
Training programs
In order to maintain the standards of best practices to prevent and treat human trafficking crimes, the executive committee offered online training courses to the staff of provincial and national administrations. It was a 5-week course that included:
- Human trafficking- Prevention detection and assistance.
- Human trafficking in general.
- Sex exploitation of human trafficking.
- Human trafficking for labour exploitation.
Around 2602 people were trained under this National programme from 2008 to 2013.
Brazil
Legal framework
The Brazilian Constitution mainly focuses on human dignity as it is one of the basic fundamental principles of the country. The constitution guarantees, or right to life, liberty, equality, security, and property to the people living there and protected them against torture and inhuman treatment.
Penal Code
Brazilian Penal Code also defines the punishment of imprisonment and fine under many acts depending on cases.
National plan to combat human trafficking
The first national plan was set up on January 1, 2008, for a period of 2 years which established plans related to collecting, organising, preparing, and publishing studies related to human trafficking.
Second national law training matrix to combat human trafficking
This national training programme was introduced for a period of three years on 4th February 2013 and the very purpose of this was to expand and improve the fight against human trafficking in a coordinated manner and to take measures that include presenting criminal charges against persons behind human trafficking and caring and protecting the victim’s rights.
Canada
Legal framework on human trafficking
In Canada, the framework was related to combat human trafficking that consisted of provisions related to the criminal code.
Training programmes for enforcement of laws related to human trafficking
According to a 2014 report of public safety Canada, the training provided can range from 3 hours to many days where the police services are also provided for the same. The Canadian Government has also stated that under the National action plan effort will be taken to target such training on a priority basis and the response to human trafficking and enhance their prevention communities. It also included stepping up the training programs.
China
Legal framework
For the people, the Republic of China, the criminal law prohibits any such trafficking activities that include trafficking and abduction of women or children
Abduction trafficking of women and children
Prohibition of abduction and trafficking of women and children are provided under Article 243 and the punishment of the same is five to ten years of imprisonment and fine.
Training programs
National anti-trafficking
China national plan of action for compacting trafficking in women and children of 2013-20 provides training programs like:
- SPC, SPP, and MPS are responsible to conduct the training programs of anti-trafficking laws rules regulations and policies at various levels in order to enhance the ability.
- These were also responsible to provide training programs to law enforcement personnel on the country’s border in order to enhance the awareness about the same. Anti-trafficking programs and workshops are also conducted at various places in China.
Egypt
Legal framework
Three legal instruments in Egypt that prohibited the trafficking of humans were the detection constitution of 2014 to combat the prevention of trafficking in persons, law number 64 of 2010 on preventing and combating trafficking, and law number 126 of 2008 on child protection.
Other articles were Articles 80 and 89 of the Egyptian Constitution 2014.
Training programs
Law number 64 of 2010 was passed by government officials who received training courses on combating this issue and there were experts provided by the National Coordinating Committee for preventing the same which included the coordination with an international organisation program that was known as an international organisation of migration. The workshops and training programs that were organised by the National coordinating committee mainly included the protection of victim prevention of trafficking and criminal prosecution. The training program was provided by the committee coordinators with other government agencies and it also hired many field experts to provide the training sessions. IOM in collaboration with the National Committee on prevention and combating human trafficking sponsored as many numbers of training programs as possible over the past five years and the very purpose of the same was to raise awareness of the problem. In 2010 another training program was introduced by international research and exchange boards which targeted journalists and editors predicting about this problem and spread public awareness of the same.
England
Laws
Human trafficking was increasing in England and because of this is it hard to pass laws to protect modern slavery in 2013 to cover the offences like forced labour or slavery, sexual exploitation, and domestic servitude. The modern slavery act came into force on 31st July 2015 and it covered both sexual and non-sexual exploitation along with human trafficking issues. The act also enabled the court to prevent and protect the victims of human trafficking and introduced the number of provisions regarding the same that require the secretary of the state to issue some guidelines as regards this matter.
Training programs
The training programs for this purpose was introduced to cover modern slavery. According to the training program whenever a trained responder is made aware of the victim he must be able to make arrangements for the same and try to obtain as much evidence as possible from that incident. The victims who are under the age of 18 years basically a child were provided immediate attention and care if they were a part of any human trafficking be it sexual or non-sexual. The police that interviewed the child victim must be trained enough to understand the mentality of the child at that time and must be patient enough to handle the child with care. Whenever any child goes missing after he or she lodges a complaint the police must take immediate action.
European Union
Legal framework
European Union has the power to legislate on the same matter from the treaty on the functioning of the European Union (TFEU). Under Article 79 of (TFEU), the European Union can pass rules to combat human trafficking. Moreover, human trafficking was considered to be a violation of human rights and was prohibited by the charter of fundamental rights of the European Union.
Training programs
European Asylum office was considered to be an agency of the European Union for dealing with asylum issues and taking responsibility for assisting people victimised by trafficking. The training guide was known as the practical guide and in 2014 Asylum office updated ITS training before including for the more cases in the same regard.
Training of EU border guards
In 2011 a training unit was developed for the anti-trafficking motive which was translated into 214 languages and the purpose of the same was to raise awareness of human trafficking as a serious crime and also as a violation of human rights.
Conclusion
Therefore human trafficking in any form is illegal and considered as a crime and all the training programs are being conducted in different parts of the world for prevention and combating the issue of human trafficking progressing day by day and adding to the spelling of awareness about this issue every part of the world.
References
- https://www.loc.gov/law/help/human-trafficking/human-trafficking.pdf
- https://poseidon01.ssrn.com/delivery.php?ID=34411808808808206510501600 3003 10 1065020088069085027026127089021120105104117118103073029114036013107061038027012010011071103121024069091048041116087127080008022021107007053021074082102093095001088125012099087119104099125097087070088088111018007094098003&EXT=pdf
- https://www.osce.org/combating-human-trafficking
- https://www.transportation.gov/sites/dot.gov/files/docs/mission/international-policy-and-trade/against-human-trafficking/338066/acht-draft-final-report.pdf
- https://shodhganga.inflibnet.ac.in/bitstream/10603/195900/9/09_chapter3.pdf
- https://shodhganga.inflibnet.ac.in/bitstream/10603/174284/9/09_chapter%203.pdf
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