Friday, March 29, 2019

UN Human Trafficking Prevention Protocol An Analysis

UN tender-hearted Trafficking Prevention protocol An AnalysisHuman trafficking is an ever- growth global execrable charge and a prominent humanitarian crisis, with as many as an estimated 27 million populate being trafficked globally each year. Traditional approaches to struggle this global phenomenon has been largely ineffective, as globalization has revolutionized the practices and process in which it is carried by. Trafficking at its core involves the objectification of persons into illicit market commodities persons who, through deception, force or coercion, atomic number 18 transported and sold for the recede aim of exploitation. In recent years, increasing aw beness of this growing criminal trend throughout the transnational community has urged international bodies to draw immediate action. As a response to this crisis, one critical document, coroneted the United Nations protocol to Prevent, Suppress and Punish Trafficking in Persons, was drafted. Albeit being introduced hike in 2000, this Protocol is a signifi green goddesst law enforcement accomplishment, and is the first-class honours degree and simply international agreement of its kind to show many detailed pabulum for the testimonial and assistance of victims of transnational crime.Despitethis, the UN Trafficking Protocol has proven to nominate limited authority incombating and controlling human trafficking and modern slavery, especially incertain countries like Tailand. While it has enhanced transnationalcooperation in tackling this issue, it fails to take into account, and therebydoes not provide solutions for, non- complaisance, a corrupt criminal refereesystem, as healthy as the reintegration of victims back into society. While the purpose of the Protocol is to prevent and combat trafficking in persons, protect and assist victims of trafficking, and to prove cooperation among State Parties, the provisions providing for the machineation and enforcement of these meas ures be weak. Each of these provisions begins with the permissive language that State Parties shall adopt or establishas whitethorn be necessary, shall endeavour to, and shall considerin appropriate cases implementing discordant protection or assistive measures for victims. For example, denomination 7 requires State Parties solely to consider providing temporary or permanent residence in its district in appropriate cases. While this provides the flexibility to craft and implement policies and laws that dress hat suit the needs of various State Parties, the lack of any wakeless obligation or enforcement measures could potentially undermine political commitment to the Protocol, since compliance is purely on a voluntary basis. This lack of obligation can be seen in Thailand one of the signatories of the Protocol where young girls deemed to be trafficking victims be not granted temporary legal documents in accordance to Thai law, and therefore are not allowed to leave the shel ter grounds (Thrupkaew, 2009). This goes against Article 8.4 of the UN Trafficking Protocol, which mentions State Party shall agree to issue travel documents to victims of trafficking who is without proper documentation, to help their travel to and re-enter its territory. Hence, this freedom and flexibility to interpret the Protocol has undermined its effectiveness in implementing and enforcing the provisions stated to provide assistance to the victims of trafficking.Similarly, the corruption of local anesthetic law enforcement in countries like Thailand and Cambodia apply hindered efforts to curb human trafficking, as they provide a system of protection and safe-haven for key stakeholders involved in the process. From petty bribery to large-scale misappropriation of funds, corruption is rife throughout the criminal judge process in many countries, and has serious implications two for the human rights of detainees and the efficient administration of justice. The Protocol, despit e its concerted effort to offset human trafficking, is nonetheless at the mercy of the local authorities to implement and enforce measures on the ground. As mentioned by Thrupkaew, the root cause of much of the suffering in the developing world is the failure of the criminal justice system to protect the poor from the violence and brutality that robs them of their basic subsistence and liberty. In Cambodia, the police are notorious for their involvement in trafficking, through extortion of protection money, assault and rape of sex act uponers and trafficking victims (Thrupkaew, 2009). In Thailand, the politicians do not take sex slavery seriously, and while there exist full and bonk laws that forbid enslavement, trafficking and exploitation, they are not enforced (Bales, 1999, p.72). As such, although the Protocol does provide an international legislative framework and is very comprehensive in its screen background of human trafficking, it is ineffective as local authorities ar e to a greater extent concerned active their own personal well-being than national political concerns, and thus do not enforce these measures on the ground.Furthermore, while the Protocol provides the necessary provisions for the physical, psychological and social recovery of victims of trafficking as mentioned in Article 6.3, it is not implemented, and little is being done to help allay their reintegration into society. Many victims who are freed and taken to shelters are found to suffer from aggression, depression, and delirious instability. Yet, these shelters are merely surface attempts at abiding by the Protocol, and victims are robbed of the opportunity to overcome their trauma and recover from the physical and emotional distress they have suffered. This is especially prevalent in Thailand, where psychological counselling is effectively unknown, and little therapeutic work is done with girls freed from brothels (Bales, 1999, p.59). There is also a strong possibility of re -enslavement, especially if the girls rescued are foreigners who dont speak the local language (Bales, 1999, p.66). This shows that the Protocol has failed in not exactly providing the necessary services for victims to recover from the emotional trauma that they have set about from this violence, but also the prevention of victims of trafficking from re-victimization, as stated in word 9.1.b of the Protocol.However, we cannot understate the effectiveness of the UN Trafficking Protocol, because it is the first universal instrument intended to draw near the global movement against human exploitation through collective action. Consequently, it is a reflection of the political will of international governments to combat human trafficking, testify by the widespread ratification of 166 State Parties as a first step in the expression of that political commitment. Moreover, the Protocols comment of trafficking and what amounts to exploitation is universally accepted as the most compre hensive exposition that has informed various international counter-trafficking legal frameworks. This has aided prosecutors worldwide in providing assistance, protection and advocating for the rights of trafficked persons.Despitethis, coordination efforts on a national level are still grossly lacking,especially among various law enforcement agencies, criminal justice serviceproviders and victim service providers. For example, the International JusticeMission (IJM), an evangelistic Christian organization devoted to combating humanrights abuse, collaborate with local counterparts in providing assistiveservices and protection to victims of slave labour and sexual abuse. However, becauseof the differences in policies and their view towards trafficking andprostitution, IJM has strained, and eventually severed, diplomatic relations withcounter-trafficking efforts in Thailand. In addition, IJM failed to workclosely with victim service providers, and have no idea how aftercare leads tothe protection for minors, and neither do they track where they are sent afterrepatriation (Thrupkaew, 2009). As such, the lack of a nationalanti-trafficking coordinating body to promote remedy cooperation amongst localorganizations and to monitor the implementation of national referral mechanismshas greatly hindered the effectiveness of the Protocol.Since traffickingin person by nature is a covert activity involving underground populations on aninternational scale, it is difficult to analyse, measure and understand. Inlight of this, the Protocol could include the creation of a central repositoryof information on measures taken by States and organizations to combat humantrafficking. This database would include national legislations, internationalcriminal organizational structures, and information on global anti-traffickingprojects. In the increment of this repository, the UN could adapt from theAutomated Donor Assistance Mechanism (ADAM) by UNODC, a web-based informationsharing syste m designed to provide project hydrofoil and coordination oftechnical assistance. Such a platform increases the accessibility andavailability of information to State Parties, which would inarguably aid in theidentification and prosecution of traffickers as well as their modus operandi, thereby enhancing global effortsagainst trafficking.Limitedresearch has also been carried out on what trafficked persons want and need interms of support, rehabilitation and their get it on in the participation ofthe criminal justice process. As Thrupkaew mentions, It didnt underwrite anyonesmind to work with sex workers on the law, and although we talk about theminimum standards of assistance, victims are not consulted in the creation ofthose standards. As such, excess funding could be provided to NGOs andsocial workers to encourage further research in this area, so as to provideuseful insights to policy-makers and practitioners. Inessence, the main compelling reason why the Trafficking Protocol is ineffectivein reducing global human sex trafficking is cod to UNs unfitness to enforcecompliance from Protocol signatories, and stronger monitoring provisions andtighter membership policies should be adopted. That being said, such reformsshould proceed with caution, as ensuring compliance need not necessarily leadto revised laws being effective in that country, due to various factors such astheir socio-political climate. How effective the Protocol is ultimately boils put down on the onus of State Parties on their level of commitment to make upand enforce Protocol measures into their domestic law. Only then will we havethe slightest chance in eradicating human trafficking.(Word Count 1543words)ReferenceBales, K. B. (1999).Disposablepeople New slavery in the global economy. Berkeley, CA University ofCalifornia Press.Thrupkaew, N. (2009, family line 16).The crusade against sex trafficking. Retrieved February 9, 2017, from Crusade AgainstSex Trafficking, https// icle/crusade-against-sex-trafficking/UNODC. (2009, October 6). ADAM(automated presenter assistance mechanism). Retrieved February 9, 2017, from UnitedNations Office on Drugs and Crime,http//

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