GES 215 CSOURSE TITLE
TRAFFICKING IN PERSONS
Brief History of Human Trafficking
Introduction
Trafficking in persons commonly referred to as human trafficking. It has re-emerged in recent times as a globalized and modernized form of slavery, thus; taking the history, mechanism of recruitment and the socio-economic, cultural, health and educational consequences associated with the trans-Atlantic slave trade. Human trafficking are mostly affected by women and children. It has become global business that affect most countries. Those engaged into it are making much profit. The trafficking of women and children is for slavery and exploitative purposes. It is an illegal activity in Nigeria. Trafficking include; threat or use of force, coercion, abdication, fraud, deception, abuse of power or of a position of vulnerability, giving or receiving of payments or benefits.
Elements of Human Trafficking
It contain, (a) the acts(s) of trafficking-what is done (b) the means of trafficking why and how it is done (c) the Purpose of trafficking-why it is done the act of trafficking include: recruitment, transformation, transfer, harbouring, receipt etc.
Purpose of trafficking is exploitation which can be in many forms in the following:
Sexual exploitation
Slavery/slavery like practices
Labour exploitation
Use of trafficked person as criminal agent.
The Structure of the Crime (Human Trafficking)
Human trafficking is an organized crime that involve many people, by structure means way or process established in order to carry out this criminal activity.
Methodological: this means there are many methods or ways employ in order to go about with this activity. It include:
Persuasion
Intimidation
Harassment and
Deception etc. in order to have more victims into it.
Geographical: there is the environment where the activity is taking place, some traffickers are doing their activities within certain areas that is locally from rural to urban. Some are international traffickers, from country to countries e.g. Italy, Saudi Arabia, Spain, Canada etc. they follow road to cross boarders, some die on the road and some escape it.
Commercial in Nature: it involves spending and responsibilities, therefore the traffickers do calculate what they have spent if they excel, then the victim will be paying back from the earnings of the labour he/she sales. The motive is not for assisting the victims, but for economic gain and exploitation at the destination or during transit.
General Issues in Trafficking
Women and Girls or Men and Boys are the victims. There is a trafficking of women which consist of young women and girls to be recruited into it either to work as house help or to engage into commercial sexual work. For the men they may engage into menial jobs and hard labour work. Some may be exploited to homo-sexuality. If one refuse he or she may be imprison, debt. Bondage, isolation, threats of violence and manipulation of religion. Some of the victims remain in such exploitative situation or some may become actors in the activity.
Prostitutions
Prostitution or commercial sex work has various definitions but is generally understood to be the offering of sexual services in exchange for money or goods trafficking in persons can be for forced prostitutions.
Gender based violence (GBV)
Gender based violence is understood to be acts of violence or the threatening of violence directed at women and girls or men and boys as the expression of unequal power relations.
Relationship between Gender Base Violence and Trafficking in Persons
Trafficking in women constitutes a form of gender based violence and furthermore, is a result of prevailing perceptions about gender and of existing power relations in society. Women and other children are especially vulnerable to human trafficking and are targeted for recruitment and exploitation (adults and men are trafficked too, but to a much lesser extent).
It is in the context of the special vulnerability of this class of people and also bearing in mind the definition of gender-based violence that clear ling can be found between the two concepts.
Child Labour
While child labour especially its word form is always violation of child protection norms not all child labour amounts to child trafficking ILO convention 182 states that child trafficking is a worst form of child labour such as for involvement in armed conflicts prostitutions and porno-graphic performances and working in quarries and mines etc. other related concepts include baby harvesting, irregular adaptations and child marriage.
What Human Trafficking is not?
It is not prostitution but the exploitation of the prostitution of others. (it must be recalled that a child cannot consent to any act deemed as exploitative).
It is not foreign travel
It is not labour migration
It is not child work
Strategic (Societal) Risks of Human Trafficking
It fuels public sector corruption
It fuels irregular migration
As an organized crime it can diversify into other types of crimes like: drug trafficking and arms smuggling.
Spread of HIV/AIDS and other diseases
Undermines human capital development potential
Can yield future in security through social break down and exclusion
It promotes money laundering and other financial crimes which can distort the economy
It can bring about a negative image for the country.
Indicators of Human Trafficking
That regular law enforcement work like patrols investigative raids and complaint from members of the public are some of the indicators other are:
Interception and rescue of victims
Young persons travelling in a group usually led by some on older who might have some roles in the trafficking chain.
Inconsistent story as to the reason why each individual (in an intercepted group0 is travelling.
Very similar stories given by different person travelling in a group.
Shabby dressing
A bag packed with food stuff and emergency water storage.
An unsure story of who to meet at destination.
Possession of false travel papers.
Hare no access to their earnings.
Receive little or no payment for work done.
Not know their work or home address
Have false identity or travel documents
UNODC and UN, GGIFT (Human Trafficking indicators).
Causes and Consequences of Trafficking in Human Persons
Human trafficking is caused by many factors. The causes may be divided into two (2).
Push factors: it refers to the reasons which victims are forced to leave their environment such as; poverty.
Low income
Homelessness
Social marginalization
Climatic condition
Lack opportunities in your community
Economic hardship.
Pull factors: Refers to reasons that attract victims to certain destinations. E.g.
Promise of a good paid job
To have a better life in the urban areas
Perceived opportunities elsewhere
Political and social stability
Good social measures
Positive economic situation
Lack of workers elsewhere
Zeal to acquire money at all cost
Consequences of Trafficking
Human trafficking has negative consequences on individual and the society in general they included.
Human trafficking violates the rights of the victims
It is degrading and dehumanizing
It results in loss of or deprivation of property rights
It results in personal health risk
It could result in death
It promote societal corruption
It promote irregular migration of people
As organized crime, it diversify into other types of crimes like: drugs trafficking and arms smuggling.
It promote the spread of HIV/AIDS and other diseases.
It undermine human capital development potential
It yield future insecurity through social breakdown and exclusion.
It promotes money laundering and other financial crimes which can distort the economy,
It can bring about negative image for the country.
Crimes Associated with Human Trafficking
There are many crimes or offences that are associated with human trafficking which comprised of:
Forgery
Criminal force/assault
Money laundering
Kidnapping
Smuggling of migrants
Abduction
Murder
Corruption
Rape
Rituals
Torture
Counter Trafficking Measures
Among the measures taken national and international include:
Policy: this means the direction and guidelines development of national actions plan and strategic goals, standing operating procedures.
Prevention: this include enlightenment, through media, films, training and other policies and programmes which help to reduce people being trafficked.
Protection: this requires taking all measures to protect the human right of a trafficking initiative and involve:
Identification and rescue
Direct assistance, shelter, basic welfare, counselling, health, legal, educational and recreational.
Family tracing, counseling and reunion.
Return and Reintegration.
Prosecution: this involve law enforcement by way of investigation and prosecution.
Witness protection: this entails making provisions for witnesses to protect from threats, and intimidation using various procedures before, during, and after judicial processes.
Stakeholders in Combating Trafficking in Persons
There are stakeholders concerned to combat human trafficking such as:
Civil society organizations (CSO)
Development partners
Faith-based organization (FBO)
National Agency for Prohibition of Trafficking in Person (NAPTIP).
MIGRATION AND TRAFFICKING IN PERSONS
Introduction
The world population has been increasing over the past two centuries through not nearly, as must as advancement in technology and gain in productivity. It was this assumption that made scholars and philosophers to project the estimated increase in population as well as food production, economist like Malthus asserted that population growth and food production would take place in two parallel dimensions. That is population would increase at geometric rate while food production would increase at arithmetic rate. Migration is a complex phenomenon that has surrounded in social, economic and political settings. Migration has implications for both sending and receiving countries.
Definition of Migration
The term migration has been defined by different scholars. It can be define for instance, as a movement of people results in long-term or permanent change in usual residence. It is believed that the movement must cover a substantial distance and results in the individual residing in the destination of somewhat permanent basis (Nolan, and Lenski, 2006). Migration can be from rural area to urban area, urban to rural area, rural to rural, urban to urban or from developing countries to advanced societies. In other way round it can be national or international migration.
Type of Migration
There are two (2) Types of Migration and thus:
Regular Migration: It refers to the movement of individual or groups across international borders in compliance with the laws and regulations of both the sending and receiving countries in other word, it is a movement that is permutable. An example of regular migration is that of business trip, medical trip, study trip, among others.
Irregular migration: involves the crossing of international borders without the necessary documentation or in violation of the host country’s immigration laws (IOM, 2020). It is also called as undocumented or illegal migration it involves individuals crossing international borders without the necessary documentations. This migration is often driven by desperation and a lack of legal pathways (I.OM, 2020).
Causes of Migration
Two factors are responsible for the cause of migration. They are:
Push Factors: This drive individuals to live their countries of nationality, they may include; political instability, armed conflict, economic hardship, lack of opportunities, environmental disasters, and human right abuses (UNHCR, 2021).
Pull Factors: This Attract individuals to specific destination countries. These may include economic opportunities, job prospects better living conditions, family reunification and the promise of safety and security (IOM, 2020).
Human Traffickers
Human traffickers are individuals or organized criminal networks that engage in the recruitment, transportation, transfer, harbouring or receipt of people through the use of force, coercion, deception, or other means for the purpose of exploitation. Human trafficking is an exploitation of vulnerable individuals for various purposes, including labour force, sexual exploitation, forced marriage, human organ trafficking, and child soldiering.
Characteristics and Aspects of Human Traffickers
Exploitative intent: Human Traffickers exploit their victims for financial gain or other benefits. This exploitation can involve forced labour in factories such as agriculture, construction, domestic work, and manufacturing, it can also include sexual exploitation in massage parlors or online platforms.
Use of coercion and deception; human traffickers use various tactics to control and manipulate their victims, including physical violence, threats, psychological abuse, and deception, victims are often anchored with false promises of jobs, education, or a better life.
Cross-border operations, human trafficking often involves the movement of victims across international borders making it a transnational crime. Traffickers may take advantage of open border, corrupt officials, and smuggling routes, to transport victims.
Diverse recruitment methods; human traffickers employ a range of recruitment methods including direct abduction, recruitment through family members, job offers, and online grooming.
Divers victim profiles; victims of human trafficking come from diverse backgrounds and demographics. They may be men or women, or children and they may be of various nationalities and socio-economic statuses. Vulnerable populations such as refugees, migrants, and displaced persons are particularly at risk.
Profit motive: human trafficking is a profitable criminal enterprises. Traffickers often reap significant financial gains from the exploitation of their victims, and these profits can be used to fund other criminal activities.
Connection to organized crime; trafficking in person , is frequently linked to organized criminal networks that may be involved in other illicit activities, such as drug trafficking money laundering, and arms smuggling.
Those that become victims of trafficking in person included: -
Men
Women
Children
Displaced persons
Migrants
Refugees
Vulnerable people etc.
Differences between Migration and Human Trafficking
Migrant smugglers take an advantage of people who want to escape hardship and find a better life facilitating their illegal entry into a country.
There is a clear distinction between human trafficking and migration human trafficking occurs for specific purposes, such as sexual exploitation, labour exploitation, forced criminality, and organ removal among other forms of exploitation.
Migrant smugglers take an advantage of people who want to leave their home countries to escape poverty, conflict, and crises irregular migrants generally enter into the journey voluntarily, they are often exposed to significant risk including that of being trafficked, kidnapped or dying in transit to their destinations.
Human Trafficking
Human trafficking and migrant smuggling are global and widespread crimes that use men women and children for profit. UNODC (United Nation Office on Drugs and Crime) strives for the eradication of these crimes through the dismantling of the criminal enterprises that trade in people and the conviction of the main perpetrators.
Human trafficking is the recruitment, transportation, transfer harbouring or receipt of people through force, fraud or deception with the aim of exploiting them for profit men, women and children of all ages and from all backgrounds can become victims of this crime which occurs in every region of the world. The traffickers use violence, or fraudulent employment agencies, and fake promises of education, and job opportunities to trick and coerce their victims. Migrant smuggling is the facilitations, for financial or other materials gain of irregular entry into a country where the migrant is not a national or resident. The criminals behind this highly portable business seize the opportunity created by the need or desire of people to escape not just poverty, and lack of employment opportunities but also natural disaster, conflict or persecution (UNODC, 2023.)
Measures be Adopted to Fight the Menace Migration in Human Trafficking
The following measures to use to reduce the problems of migration in human trafficking as: -
Policy: the General Policy direction and guideline, developing of national plan and strategic goals, standing operating procedure etc.
Prevention: This includes public enlightenments through awareness raising, and all educational activities aimed at providing information to the general public on the of human trafficking. These encompass awareness raising campaigns, jingles, films, research, training etc.
Protection: which involves the following activities as:
Identification and rescue
Direct assistance which includes access to reception services , sheltering, basic welfare, counselling, health, legal, recreational, educational, vocational, and other empowerment services.
Family tracing counselling and reunion.
Return and reintegration
Prosecution: this involves law enforcement by way of investigation and prosecution of suspected traffickers. Prosecution efforts should also targeted seizes and confiscation of assets of traffickers in order to deprive them of the proceeds of their crimes. Prosecution also includes all efforts at equipping investigators, prosecutor and judges to better dial with trafficking causes.
Partnership: Being a force of organized crime responding to the scourge of human trafficking is necessarily a multidisciplinary activity.
The National Agency for the Prohibition of Trafficking in Person (NAPTIP)
Brief History
Is a Nigerian government agency established to combat human trafficking and related offences NAPTIP was established in 2003? NAPTIP was created to address the challenges of human trafficking both domestically and internationally.
Functions of NAPTIP
Prevention: NAPTIP is responsible for initiating programs aimed at preventing human trafficking. This includes awareness campaigns, education, and sensitization programmes.
Prosecution: NAPTIP works closely with law enforcement agencies to investigate and prosecute individual and groups involved in human trafficking. The agency collaborates with the police, the judiciary, and immigration service to ensure that traffickers face legal consequences of their actions.
Protection: NAPTIP provide protection and support services to victims of human trafficking, this include provision of shelter, medical care, and legal assistance. The agency ensure that victims’ rights are protected and treated with dignity.
Policy Development: NAPTIP play a role in developing policies, strategies and legislation to strengthen Nigeria’s response to human trafficking.
International cooperation: NAPTIP collaborates with international organizations and foreign governments to address human trafficking on a global scale. This includes sharing information, best practices and resources to enhance the effectiveness of anti-trafficking efforts.
Research and Data Collection: NAPTIP conducts research and collect data on human trafficking trend and patterns in Nigeria. This information is used to inform policy decisions and programme development. NAPTIP fulfills a wide range of functions, all aimed at eradicating human trafficking and ensuring the rights and well-being of its victims.
The Agency has Key Operational Departments as Follows:
Investigation and monitoring
Counselling and rehabilitation
Public enlightenment
Administration
Research and programme development
Training and manpower development
The intelligence and international cooperation unit
Sexual and gender based violence
The press and public relations unit
Internal audit unit.
Challenges of NAPTIP
NAPTIP as an organization faces challenges, like any other government agency, some of the challenges are: -
A cases Referral: This means cases of trafficking in court of justice are not speeding. There is delay in prosecuting offenders and sometime, cases were dismiss. This discourage the effort of NAPTIP staffs.
Prolong Cases: NAPTIP faces the challenges of prolonging or delaying cases, when reported in courts cases may take long time before the final judgment.
Corruption: NAPTIP experiences challenges of corruption where there are some of its officials that are corrupt allowing the functions of NAPTIP to go on.
Lack of enough personnel: that NAPTIP is lacking adequate personnel to manage the affairs of the agency. This is why most of its activities are not going as organized.
There are key actors to be refer for human trafficking and other issues associated with it.
NAPTIP
The Nigerian police
The Nigerian immigrations services
United nation agencies and other international organization
Non-governmental organizations
Embassies, high commissions, consulates.
Acronyms Associated with Trafficking in Persons
CEDAW – Convention on the elimination of all forms of discrimination against women.
CRC-Convention on the rights of child
CSO – Civil Societies Organization
ECOWAS – Economic Community of West African States
H.T. Human Trafficking
ICPO – International criminal police organization (INTERPOL)
ILO – International labour organization
IOM – International organization for Migration
NAPTIP – National Agency for the Prohibition of Traffic in persons.
NGO – Non Governmental Organization
NIS – Nigerian Immigration Services
NPF – Nigerian Police Force
NSCDC – Nigeria Security and Civil Defence Corp
UHCR – United Nations High Commissioner for Human Rights.
OSCE – Organization for Security and Cooperation
SOM – Smuggling of migrants
SSS – State Security Service
TIP – Trafficking in Persons
TIPPLEA – Trafficking in Person (Prohibition) Law Enforcement and Administration Act
UN – United Nations
UNWOMEN – United Nations Development fund for Women
UNODC – United Nations Office on Drugs Crime
UNCTOC – United Nations Convention Against Trans-National Organized.
RISK, PROTECTION AND LEGAL ASSISTANCE SERVICES
Introduction
Personal (Human) risk of human trafficking
It violates the human rights of its victims; this is by taking them away from home and exploiting them through force labour, prostitution etc.
It is degrading and de human icing; this is by making them to be slave
It results in loss of, or deprivation of property right
It results in personal health risk, such as removal of organs from the victims.
Could result in death of victims, at time most victims loss their lives on the way, and raping is inevitable.
On one hand, New (2019), outlined the followings as the risks is encountered by the victims of human trafficking:-
Health risk:- victims are more open to health risk considering the fact that they have to stand at time waiting for customers in case of sexual workers
Sexual exploitation:- the customers that have sex with them would just pay the money to their traffickers.
Trauma:- victims are usually put in a situation of psychological pain, this may cause them to lose their sense.
Neglect:- nobody comes about them. It becomes a matter of how they will service so they do all they can on their own.
Malnutrition:- some of the victims work about 18-20 hours with no time to eat or rest and the types of food given to them is not nutritious.
HIV/AIDS:- sexually transmitted disease can easily affect them, as the girls and boys are trafficked young enough in order to market them to customers as dean.
Anxiety and depression:- psychologically, the victims become depressed and they may lead to fatigue or even mental illness.
Metal and psychological abuse:- victims are mostly abuse psychologically , tortured, beaten, starved, threatened with authorities and even killed, at time on the ground that they were being reluctant.
Untimely death of the victim
Exposure to unwanted pregnancy
Disruption of vital educational and vocational training
Stigmatization of the returnee victims
Harvest of vitoy organs of victims like kidney e.t.c
Offences associated with tip.
There are numerous offences associated with Trafficking in Person (TIP) these include
Forgery
Sale of babies
Criminal intimidation domestic servitude
Fraud
Money laundering
Kidnapping
Smuggling of migrants
Abduction
Murder
Corruption
Rape
Organs harvesting
Force abortions
Ritual
Torture etc
Measures Adopted by National Agency for the Protection of Trafficking in Persons (NAPTIP) to Fight Menace of Human Trafficking
Among the effort made by the Government to address human trafficking are:-
Establishment of the National Agency for Prohibitions of Trafficking in Persons (NAPTIP). This agency is entrusted with the responsibilities of re-enforcing and supplementing measures to be adopted by Nigeria to counter magnitude and extend of trafficking in person and its consequence.
Law in trafficking in person:- Law enforcement and administration act (2003):- This low was established and vested in person to investigate and prosecute person suspected to be engaged in trafficked persons.
Establishment of victim trafficking fund:- This fund is realized from the fine or money confiscated from traffickers which just paid into the account for the benefit of the victims.
African charter of human and peoples right:- This convention is among African nations and it deal with the lows against human trafficking.
Provision of employment opportunities:- The government has provided jobs through national directorates of employed, N-power and other empowerment schemes. For unemployment youth in the society.
Creation of public awareness on issues of human trafficking:- the empowerment has created room for an awareness on issues of human trafficking among police, social welfare workers, immigration officers and the general public on the evils of engaging in human trafficking
The arrest and diligent prosecution of suspect in the court of law.
Advocacy visit to the leaders of the communities that are largely affected by human trafficking
Rehabilitation of relived victims
The adoption of witness protection measures for the person who volunteered to testify on human traffickers in court
The enhancement of low enforcement agencies to effectively combat the crime of human trafficking
The annual funding of the operation and activities of NAPTIP (MUCO 2018).
Besides, the National Examination Council (NECO). 2016 has outline the roles of the human trafficking and child labour education (WOTECLEF) as follows:-
Focus on trafficking in person (TIP) especially women and children.
Prevent all forms of women and child abuse.
Running of voluntary council and testing (VIC) program
Restoring human dignity
Public enhancement and sensitization campaign against trafficking person. Especially women and children.
Giving moral and financial support to the victims especially in education.
Conduct focus group discussion within Nigeria
Organize grassroots awareness programmes against women trafficking and child labour.
Collaborate with government agencies and other sister organization to better the lives of women and children.
Rehabilitating and assisting the victims trafficked into domestic servitude and sexual exploitation
Combating all forms of women trafficking and child labour in Nigeria.
Legal and Institutional Frame Work:-
NAPTIP (2022), mention that in December, 2000 the United Nations connection against transnational organized crime convention (UNCTOC) was signed in Palermo, Italy. Protocols were agreed to supplement the UNCTOE:
The protocol to suppress and punish trafficking in persons, especially women and children.
The protocol against the illicit manufacturing and trafficking in firearms, the parts and components and ammunitions; and
The protocol against smuggling of migrants by air, land and sea.
Nation Legislation
In 2001, Nigeria signed and ratified the Palermo protocol (the trafficking protocol). The nation on agency for the prohibiton of trafficking in persons and other related matters (NAPTIP), was established personate to the trafficking in persons (prohibition). Law is a fulfillment of the government of Nigeria’s obligations and commitment to the protocol.
Most national legislation of TIP, including Nigeria’s TIPPLEA act, one modelled after the protocol.
Other relevant Nigerian legal frameworks include the following:
Child’s rights act and child rights laws of various states.
Penal code of the northern states
Criminal code (of the southern states)
Immigration act 1963; and
The labour act
Other Relevant International Legal Instruments
Universal Declaration of Human Rights 1948.
International covenant on civil and political rights
International covenant on social and economic rights 1966
Convention relating to the status of refugees 1951.
Convention on the elimination of all forms of discrimination against women (CEDAW), 1979.
Convention on rights of a Child (CRC), 1989
Wuagadougou plan of action to combat TIP, 2006.
ECOWAS plan of action on TIP 2001.
Beside all of the intuitions or efforts made by both domestic and international communities to address TIP, some efforts were still attached to ensure implementation of various laws which prohibit human trafficking feristanill, the establishment of:
United nations offices on drugs and criminal (UNODC)
United nations Global initiative to fight trafficking (UN) (GIFT)
United Nations children fund (UNICEF)
United Donations Development fund for women (UNWOMEN)
Office of the United Nations high commissioner for Human rights (OHCR).
International organization for obligation (IOM)
International Criminal Police Organization (IPO) or (INTERPOL) and.
West African Police Chiefs Committee (WAPCO)
All of the above work toward the success of addressing TIP
Besides, in Nigerian the institutional framework, also encompasses the under-listed:
National Agency for the prohibition of trafficking in person.
Nigerian police (NP)
Nigerian immigration services (NIS)
Department of State Services (DSS).
Nigerian Security and Civil Defence Corps (NSCDC)
National intelligent Agency (NIA)
Nigerian Custom Service (NCS)
National Drug law enforcement agency (NDLEA)
Relational commission for Refugees, migrant and internally displaced persons (NCFRM)
Federal and state ministry of women affairs and youth development
Civil servants organizations (OCSOC) etc. all use to take part in any crime associated with T.P.
REFERENCE
NECO, (2019) Civic Education paper II marking scheme.
Mohammed R.A. (2022) General overview of human trafficking in Nigeria. A Seminar paper presented at Sa’adatu Rimi University of Education Kano, Nigeria.
NECO (2018) Civic Education paper II marking Scheme.
NECO (2016) Civic Education Paper II Marking Scheme.
United Nations Office on Drugs and Crime (UNODC). (2020). Blue Heart Campaign. https://www.unodc.org/blueheart/
Polaris. (2022). Polaris Project. https://polarisproject.org/
U.S. Department of State. (2021). Trafficking in Persons Report. https://www.state.gov/trafficking-in-persons-report/
United Nations Office on Drugs and Crime (UNODC). (2021). Global Report on Trafficking in Persons. https://www.unodc.org/unodc/en/human-trafficking/global-report-on-trafficking-in-persons.html
Gordon, I. & Bouvier L. (2008). International migrations and economic development Geneva: International Organization for Migration (COM).
United Nations Office on drugs and crime (UNODC, 2020), Global report on trafficking in persons: https://www.unodc/en/data-and-analysis/tip-report-2020html.
Hanson, G.H. (2010), International migration and the development world. World bank research observer, 25(1), 103 – 131.
https://www.interpol.int
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