The normative basis for combating human trafficking : a victim centred framework
- Publication Type:
- Thesis
- Issue Date:
- 2007
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Human trafficking is the movement of a person from one place to another through the
use of force, fraud or coercion for the purpose of exploitation. It is thought to be one of
the fastest growing international crimes generating profits only second to arms trading.
It is also the largest manifestation of contemporary slavery. In an effort to suppress
trafficking, the international community came together in 2000 to draft international law
to combat the problem. Unfortunately, these efforts have had little impact on reducing
trafficking. It is the position of this thesis that one of the reasons for this failure is that
there was little normative legal theory underpinning the provisions in the instruments
adopted to deal with trafficking. The articulation of a clear normative premise for
action by states in combating trafficking is essential because without it the objectives
for international action become ambiguous leaving room for varying interpretations for
state action.
Essentially, the existing international legal framework as reflected in the international
instruments is a product of infused criminal law and migration concerns neither of
which has been adequate in dealing with the problem of trafficking. Indeed, many of
the responses by state parties mirror historical attempts to deal with trafficking from the
early 1900s. What is missing however is a proper victim centred approach which would
work to reduce trafficking, protect victims and even address state concerns by
enhancing criminal law efforts.
The search for an appropriate normative theoretical framework necessarily requires an
analysis of the role played by migration, gender, consent, human rights and slavery in
trafficking. Indeed, all of these factors provide valuable insights into trafficking while
also illustrating the motivation behind different views concerning trafficking. For
example, migration concerns and crime control lie at the heart of state interests whereas
many feminist groups perceive trafficking to be a gender issue.
After a detailed analysis of the various issues underpinning trafficking, appropriate law
reforms can be formulated that are informed by ideologies set in values, attitudes and
beliefs that are fundamentally victim - centred. When the well being of the victim is
prioritised, the response that flows will have the effect of also providing tools for
dealing with irregular migration, crime control, gender and labour issues. However, this
can only result from a shift in focus to the exploitation of the victim and a re-evaluation
of the definition and treatment of slavery. The current perception of slavery as a
practice steeped in proprietary rights akin to chattel slavery is antiquated and provides
little insight into modem practices. However this perception can be corrected with a redefinition
of slavery as an infringement of personal autonomy. This would result in a
clearer understanding and treatment of modem day slavery. This also leads to the
conclusion that trafficking should be considered a sub category of slavery and that
efforts to eradicate trafficking should also be matched by efforts to eradicate slavery in
general.
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