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Article #188: Trafficking: Issues and Framework of Laws

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Trafficking: Issues and framework of laws 4. Slavery convention 1926
Trafficking of human beings is the States parties are enjoyed to discourage
recruitment, transportation, transfer, all forms of forced labour slavery means
harboring or receipt of people for the the owner's control over another person,
purpose of exploitation. Trafficking without the salve's full informed consent
involves a process of using illicit means for exploitation.
such as threat or use of force or other 5.Forced Labour Convention (ILO) 1930.
forms of coercion, of abduction, of Article-1 of this convention calls for
fraud, of deception, of the abuse of the suppression of the use of forced or
power or of a position of vulnerability. compulsory labour in all its forms as
Exploitation includes forcing people into soon as possible.
prostitution or other forms of sexual 7.Universal Declaration of Human Rights
exploitation, forced labour or services, (1948)
slavery or practices similar to slavery, Article 4 of the Declaration prohibits
servitude or the removal of organs. For slavery and the slave trade. Article -
children exploitation may include also, 13 recognies the right of persons
illicit international adoption, 8. Unconventional for the suppression of
trafficking for early marriage, the traffic in persons and of the
recruitment as child soldiers, for exploitation of the prostitution of
begging or for sports (such as child others (1949).
camel jockeys or football players) This convention is a compilation of four
Trafficking in human beings is a global previous international conventions 1904,
issue, but a lack of systematic research 1910, 1921 and 1933. It made
means that reliable data on the procurement, enticement, etc for
trafficking of human beings that would prostitution punishable, irrespective of
allow comparative analyses and the design the age of the person involved and his
of countermeasures is scarce. There is a her consent to the same (Article -1).
need to strengthen the criminal justice Brothel keeping was also denounced as
response to trafficking through illegal and punishable Article 20.
legislative reform, awareness raising and However, it is limited to trafficking for
training, as well as through national and prostitution and related activities.
international cooperation. The support 10.Abolition of forced Labour convention
and protection of victims who give (ILO) 1957.
evidence is key to prosecuting the Under this convention, states parties
ringleaders behind the phenomenon. The under took to abolish any form of forced
trafficking of Human beings is a matter or compulsory labour that is used as a
of global concern as it involves the means to establish political coercion,
violation of fundamental rights. economic development, labout discipline
Although numerous separate abuses that or racial, social, National or religious
contravene both national and discrimination.
international law are committed during 15.United Nations convention against
the course of trafficking, it is the Torture and other cruel; inhuman or
combination of the victim's displacement degrading treatment or punishment (1984)
from their community and their The convention provides against the
commercialised exploitation that makes expulsion or return of a person another
trafficking distinct. There is a large state if there are substantial grounds
body of international and national for deeming him/her to be in danger of
instruments like declarations, torture. Victim compensation measures
conventions and prohibiting trafficking. are also stipulate in it.
An overview of selected International 16.Tourism Bill of rights and the Tourist
conventions that regulate trafficking is code (1985)
presented below. Adopted by the WTO, the code enjoins that
The United Nations obligates States to state parties should preclude any
refrain from committing human rights possibility of the use of tourism to
violations and also to take positive exploit others for the purpose of
steps to ensure that individuals are able prostitution.
to enjoy their human rights. A State's Legal Frame Work Against Trafficking In
legal obligations are articulated in South Asian Countries:
human rights instruments, such as BANGLADESH:
treaties and conventions. The UN also The Bangladesh constitution guarantees
drafts politically binding documents that equal rights and equal protection to
do not have the force of law, such as every one regardless of gender. The
declarations and resolutions, but which fundamental principles of state policy
nevertheless represent important require the state to prevent
guidelines on States' obligations. More prostitution. Article 34(1) prohibits all
information about the United Nations forms of forced labour. The suppression
system, human rights documents and of immoral Traffic Act 1933 protects all
enforcement mechanisms can be accessed children up to the age of 18 from sexual
from the International Law section of exploitation. The women and children
this site. repression; prevention Act 2000 provides
The United Nations addresses trafficking stringent penalties against trafficking,
in women from various directions. First, Kidnapping, collection random, rape, the
the UN human rights instruments apply to sexual exploitation etc., These
women and men equally, and are relevant provisions also apply to both internal
to the kinds of abuses that women suffer and cross broader trafficking. These
in cases of trafficking. In addition, the were the some of the legal framework in
UN international standards on the Bangladesh Against Human Trafficking.
treatment of crime victims also obligate BHUTAN:
States to protect victims of trafficking. There is very little information
Second, of the types of violence against available on the laws of. Bhutan on
women addressed by this site, trafficking trafficking. In 2001, the UN committee
in women was perhaps the first to receive on the Rights of the child considered
the attention of the UN as a Bhutan's initial report and noted the
transnational crime. This section, absence of legislation on the minimum age
therefore, includes a historical overview of for employment. There is insufficient
of the UN conceptualization of data and awareness regarding the Human
trafficking, prior to the emergence of an Trafficking. It also suggested that new
international women's human rights laws Need to be promulgated and existing
movement. Third, the UN treaties and law need to be suitably amended to
resolutions that articulate the rights of address these issues.
women are applicable to the situation of MALDIVES:
trafficking and define trafficking as a There is no specific law to prohibit or
form of gender-based violence. Since the prevent the trafficking in persons.
early 1990's, all major UN instruments on There are no reports of persons being
States' commitment to ensure women the trafficked to from or within the country
full enjoyment of their human rights and following Nationwide consultations, the
their protection from violence have Government has drawn up a National plan
included specific obligations to combat of action on the basis of the Beijing
trafficking in women. Fourth, the UN platform for action and the common wealth
Convention Against Transnational plan of Action on Gender and Development.
Organized Crime entered into force in NEPAL:
September 2003. The accompanying Protocol The constitution of Nepal enshrines the
to Prevent, Suppress and Punish principles of equality and Justice for
Trafficking in Persons, Especially Women every citizen without any discrimination
and Children received its 40th on the basis of race, caste, sex, creed,
ratification in September 2003 and etc., and safe Guards the human rights of
entered into force on December 25, 2003. all citizens. Code of law 1963. Lays down
The Trafficking Protocol contains the provisions against Inter-state and other
international consensus definition of of slavery and domestic
trafficking and sets forth State trafficking-section decrees prison
obligations to prevent trafficking, to sentences of 20 years for International
protect victims and to prosecute trafficking and 10 years for attempted
perpetrators of trafficking. For more sale, plus fines equaling to the amount
information on the Trafficking Protocol, of transaction.
please see the section entitled The PAKISTAN:
Trafficking Protocol and Recent One of Pakistan's major problems is the
Initiatives. Finally, at its 60th session smuggling of children to countries in
in April of 2004 the United Nations Gulf for camel Jockey and racing. The
Commission on Human Rights appointed a high profits and the lessening fear of
Special Rapporteur on Trafficking in harsh punishment have bolstered
Persons, Especially Women and Children syndicates of Human traffickers across
for the explicit purpose of focusing on "Asia, the middle east and Europe.
the human rights of victims of The prevention and control of Human
trafficking. To do so, the rapporteur's Trafficking ordinance 2002 has been
job is to gather and exchange information promulgated to deal with all types of
from governments, non-governmental human trafficking. However the
organizations and victims of trafficking legislation suffers from certain
in order to propose appropriate measures limitations. Also legislation is focused
to prevent and remedy trafficking on trans border trafficking and not on
violations. Working within the major domestic trafficking. And the Human
international instruments and definitions trafficking ordinance 2002 defines Human
of trafficking, the Special Rapporteur trafficking to include trafficking for
will conduct country visits, publish any purpose, via, prostitution Forced
reports, and take up cases where labour and services. It also takes into
individual or widespread rights abuses considerations the organised nature of
have occurred. the crime and presumes the vicarious
States are obligated to protect the liability of each member of the
rights of trafficking victims under trafficker's group by providing for
general human rights instruments. The stringer gent punishments; the ordinance
International Covenant on Civil and also includes provisions for the
Political Rights guarantees women the compensations for the victims.
right to life, the right to be free from SRILANKA:
torture and cruel, inhuman or degrading In country trafficking is one of
treatment, and the right to security of srilanka's major problems s.360 of the
person. This Covenant also grants srilankan penal code deals with the
trafficked persons the right to an offence of trafficking defined as the act
effective remedy for acts violating their of buying or sealing or bartering of any
fundamental human rights. The person for money or for any other
International Covenant on Economic, consideration. Those assisting,
Social and Cultural Rights provides such arranging the travel, recruiting, etc.,
basic guarantees as the right to an said to be trafficking and be
adequate standard of living (including prostituted.
food, clothing and housing), the right to The national child protection Authority
the highest attainable standard of act is a landmark initiative that can
physical and mental health, the right to help in preventing child abuse and in
education and the right to favorable work protecting child abuse and in protecting
conditions, which includes fair wages, the rights of children.
equal pay for equal work and reasonable INDIA:
limitation of working hours. The constitution of India, under Article
1. International Agreement for the 23(1), prohibits trafficking in human
suppression of the white slave traffic - beings and forced labour; this right
1904. enforceable against the state and private
The agreement was formulated with the citizens.
intension of securing for women of full However, trafficking was never defined in
age who have suffered abuse or Indian laws except in the Goa children
compulsion against criminal traffic know Act, which is specified to the state of
as the white slave trade. Goa. In India the law has no express
2. International convention does the provision for confiscating the assets
suppression of the white slave Traffic amassed by the traffickers, nor does it
1910. have provisions for the victim
This convention criminalised the protection. The concerned authorities
procurement enticement or leading away of should consider these points so that the
women or girl under the age of 21, even laws and provisions are made victim
with her consent for immoral purpose friendly.
irrespective of whether may have been Let us prevent commercial dealings in
committed in different countries. human beings.






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