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Peer Review 1 - Presley
Criminal Justice Research and Writing (Liberty
University)
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HUMAN TRAFFICKING AND INTERNATIONAL LAWS
Human Trafficking and International Laws
Cecilia Crossett
Liberty University
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HUMAN TRAFFICKING AND INTERNATIONAL LAWS
Abstract
When seeking justice, it can be seen through various ways. Throughout history, human rights
have been a continual issue on a domestic and global setting. However, based on past events, a
vital step to determine the primary issue is understanding the countries demographics. Yet,
detecting human trafficking is not a simple task nor finding a common ground based on
collective of data from various countries. So forth, past conventions were formed and ratified to
redefine human rights. Yet the. Protocol to Prevent, Suppress and Punish Trafficking in Persons
Especially Women and Children was the defining moment when then nations unified and
implemented a universal guidebook and laws that could be applicable for countries to amend. On
the contrary, the countries intent for signing must be good in order serve justice with humility.
This point of view is not an opinion, yet a command from God. Thus, we must uphold his
wished and bring prosperity to his nations. In reason, to combat human trafficking globally,
implementing international laws to individual countries is a vital step to seek justice.
Keywords: human trafficking, white slave traffic palermo protocol prostitution legal
history international law, sexual exploitation, transit countries, victims of human trafficking,
victim protection, compliance, anti-trafficking policies, un anti-trafficking protocol, political
science
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Human Trafficking
First what is the definition of human trafficking? According to United Nations Office on
Drugs and Crime (UNODC), “Human Trafficking is the recruitment, transportation, transfer,
harboring or receipt of people through force, fraud, or deception, with the aim of exploiting them
for profit (n.p.).” With that definition in mind, the reason for human trafficking varies. Form of
exploitations vary but include sexual exploitation, forced labor, criminal activity, begging,
forced marriage, and selling of body parts (Global Report on Trafficking in Persons 2020, 2021,
p 11). Concluding, this following information define and the expand the methodology of
trafficking.
Yet, it does not describe the external and internal factors why it occurs nationwide.
Reasons, for human trafficking vary for each country. An internal factor could include an
organization or individual purpose and an external factor could be the economic or culture of the
country. Thus concluding, the reason for occurrence varies in each country and the methodology
of detecting human exploitation depend on these factors. An according to UNODC, the income
can also determine what type of exploitation occur within that country. Meaning, the lower
income countries are more likely to have force labor than the higher income countries (Global
Report on Trafficking in Persons 2020, 2021, p 35). Another factor to consider is that
unemployment rate may be a contributing factor to the increase of human trafficking. The reason
behind that is because when Covid-19 initially occurred there was sharp increase in activities
(Global Report on Trafficking in Persons 2020, 2020, pg 9) Concluding, depending on the
country the reason of exploitation varies. With that in mind, it is very important to determine
where the hotspots are for human trafficking, to find the solution.
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Overall, most countries each face a certain degree of human trafficking, yet there are
significant differences depending on the continent. For example, in North and South America
sexual exploitation is more likely occur than in Asia or Africa (Global Report on Trafficking in
Persons 2020, 2021, pg 35). Thus meaning, in the western hemisphere is more likely to benefit
financially for sexual activity and in the Eastern hemisphere there more likely to face force labor
due to economic reasons. So, fourth, the smallest factors can make a difference to find the reason
for activity.
Concluding, understanding the background and pattern of human trafficking within
a country is an important part to determine the type of methodology to combat trafficking.
Literature Review
As reference before, in order combat an issue, the issue must be identified. Hence, to
combat human trafficking the reason behind it must be identified. However, the issue is,
identifying the common ground is complex when intergrading multiple nations. Thus forth,
United Nations Convention against Transnational Organized Crime (UNTOC) was formed and
established to combat organized crime. Moreover, an important focus of the UNTOC is to
establishing human rights. The reason is, since the UN Protocol was established, it provided an
insightful definition and procedure of human rights globally (United Nations Publication, 2021, pg
23) On the contrary, an establish legislation does not mean it will combat the issue directly. Thus
concluding, the difficulty of intergrading international laws to individual countries is complex
and require time.
Issues to Detect Human Trafficking
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As it was inferenced there is complex aspect to detect human trafficking. concluding
there are variables to consider when defining human trafficking within an area. Variables that
must be consider include the originality of the activity, reliable statistics facts, and the post
effects of establishment of the Palermo Accords (Winterdyk and Reichel, 2010, pg 2).
Following that mindset, the originality of human trafficking varies. However, there are
three specific reasons for the activity which include: country of origin, country of transit,
country of destination (Winterdyk and Reichel, 2010, pg 2). If a country is identified as a
country of origin, it means the country is a starting point for trafficking. If a country is identified
as a country of transit, it means trafficking person is passing through the area to get to their
destination. If a country is identified as a country of destination, the country is identified as
place a trafficked person will end up (Winterdyk and Reichel, 2010, pg 2) Hence, each variable
has a different role, yet the common theme is they are vital roles to networking human
trafficking. concluding, its less likely that a country is not associated with human trafficking at
some aspect. More important, to determine the country’s role for trafficking is a primary step to
establish the networking business for human trafficking.
Moreover, collecting and providing statistics of human trafficking is not simple task. The
reason for that is the methodology of collecting data may not be as reliable nor maky not depict
an accurate number (Winterdyk and Reichel, 2010, pg 2). hence, picturing an accurate number
and defining the statistics take time to determine their conclusion.
For that reason, the United Nations was formally established The Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children. The Protocol
established universal international laws, moreover, implemented policies that targeted trafficking
and other aspects of it (Winterdyk and Reichel, 2010, pg 2) The two reasons the protocol was to
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implement laws and procedures to target the victim or oppressor. The first reason was to
establish and provide a national approach to investigate and prosecute human trafficking
(Winterdyk and Reichel, 2010, pg 3). The second reason is to ensure legal protection for
victims of trafficking (Winterdyk and Reichel, 2010, pg 3)
On the contrary, this type of legal action may still hinder protection for victims of human
trafficking and future prevention of activity. The reasons for hinderance include corruption, time
and money and demographics the country face internally. (Winterdyk and Reichel, 2010, pg 4).
Concluding, identifying originality and pattern of trafficking, identifying, and concluding
realistic statistics, and implementing universal international laws with countries that hinder their
purpose require time yet, human trafficking is still growing.
Past Conventions
As reference before time is an essential key to determine efficient policies. Throughout
history, there has been many variations of establishments of conventions to define human
trafficking. Yet, their attempt to of combat human trafficking were not successful.
Background
Prior of 1899, the term white slave trade was not as important. But, due to an increase of
interest from various groups, it became an important issue in Congress (Siller, 2017, pg 6). For
that reason, various legislation expanded upon white slavery. The various legislation that were
established include: The International Agreement for the Suppression of the ‘White Slave
Traffic’ of 1904, The International Convention for the Suppression of the ‘White Slave Traffic’
of 1910, The International Convention for the Suppression of Traffic in Women and Children of
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1921, The International Convention for the Suppression of the Traffic in Women of Full Age of
1933, and The Suppression of the Traffic in Persons and the Exploitation of the Prostitution of
Others 1949 (Siller, 2017, pg 3) Each convention, had an important reason for their ratification,
yet did not successfully solve prominent issue of slavery at an international level (Siller, 2017, pg
39).
In reason, the purpose of the International Agreement for the Suppression of the ‘White
Slave Traffic’ of 1904, was to implement procedures to identify victims which led to identifying
areas of trafficking (Siller, 2017, pg 11). However, the conventions interruption led to further
questioning due to misinterpreted phrases and being compared to prostitution (Siller, 2017, pg
22)
Thus, the International Convention for the Suppression of the ‘White Slave Traffic’ of
1910 was formed to respond and redefine the meaning white slavery (Siller, 2017, pg 23). Yet
their attempt to fix the issue of 1902 legislation was unsuccessful, however the convention did
narrow the phrases such as trade in whites and immoral purpose. (Siller, 2017, pg 25-26)
But during that period, World War 1 broke out and white slavery became a prominent issue
agaib. (Siller, 2017, pg 28)
Hence, the International Convention for the Suppression of Traffic in Women and
Children of 1921 was formed and ratified to address the issue of white slavery but incorporating
state regulation (Siller, 2017, pg 27). Moreover, the convention influenced the creation of the
1927 Report, which narrowed the definition of potential victims and redefined the profile for
human trafficking. (Siller, 2017, pg 30-31) Even more, the 1927 Report contributed to the
creation of the International Convention for the Suppression of the Traffic in Women of Full Age
of 1933 (Siller, 2017, pg 32)
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The sole purpose, of the International Convention for the Suppression of the Traffic in
Women of Full Age was to revise and expand upon the human trafficking relating to prostitution
(Siller, 2017, pg 32). Yet the convention did not change any issues the prior convention faced.
(Siller, 2017, pg 34).
For that reason, 1937 Convention was formed to address the issues 1933 convention had
faced. But due to the outbreak of World War 11, 1937 convention drafting did not proceed and
the legislative work on human trafficking ceased to exsit(Siller, 2017, pg 36). But after World
War II ended the United Nations was formed and continued the work of 1937 convention (Siller,
2017, pg 36-37).
So fourth, the Suppression of the Traffic in Persons and the Exploitation of the
Prostitution of Others 1949 primary goal was to address prostitution but also narrowed the
profile of victims (Siller, 2017, pg 37). The irony of the situation is the convention concluded
that both genders are equally to be victimized (Siller, 2017, pg 37) Moreover, the 1949
convention implement the priors’ convention’s purpose and laws to establish their laws (Siller,
2017, pg 37)
In conclusion, the prior conventions were terminated legally and the 1949 convention
ideolog become the modern interpretation of human traffickeing until 2000 (Siller, 2017, pg 39).
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and
Children
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As inferenced, prior of the ratification of the United Nations Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Children, the 1949
convention was the modern instrument of human trafficking (UN Protocal)(Siller, 2017, pg 39)
Significance
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons was
adopted on December and ratified on September 2003 (UNODC, np). The ratification of the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children fought against transitional organized crime, yet established three important
aspects. The first important aspect it expanded upon, is the prevention of exploitation of women
and and children. The second important aspect is it establishes protection and guaranteed aiding
victims of trafficking. Lastly, it defined the meaning human trafficking universally (Allain,
2015, pg 2) An according to the United Nations: Office on Drugs and Crime, 190 parties have
signed the legislation. (2018, np) Concluding, those who have signed the article under oath must
follow the procedures and laws to share data of identify offenders and trafficked persons.
(Special Treaty Event, 2009, pg 1)
Reason for Signing
In a logical sense, a reason for a country to sign the UN Protocol would be for equality.
Yet, a countries intent for sighing varies. As referenced a country resons of signing varies but
expanded into three subgroups: accountability, creditability, politically.
When it comes to accountability, the country’s objective of signing is to balance the
problem of human trafficking surrounding their area. Hence, it keeps them and other nations
accountable in order combat trafficking. (Schonhofer, 2016, pg 5)
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Moreover, if the country intent is to keep a good creditable status on a Grandview,
their intent is for international relations. Thus, can be divide into two perspectives. the first
initial reason is strongly influenced by other states (Schonhofer, 2016, pg 5) The other reason
is to keep a creditable and reputable face globally (Schonhofer, 2016, pg 5)
The last is for political reasons. An according to Schonhofer, there is an association of
women in power relating to countries signing the UN Protocol (2016, pg 8). Concluding
countries who favor protection of the vulnerable and social justice are more likely to have a
woman in high position in government.
Therefore, a county’s intent for signing the UN Protocol vary. Moreover, provides an
insight of the role of their government. (Schonhofer, 2016, pg 22) Hence, understanding the
government’s role and belief system is vital to grasp their perspective on human equality. With
that in mind, two countries that prove both spectrums are U.S and China
U.S
Prior of the ratification of UN Protocol, the United Staes constitution has originally
prohibited slavery due past events (Mollema, 2015, pg 3) In reason, the U.S had an upper hand
on defining slavery. Therefore, they have ratified variations of provisions to define smuggling
and human trafficking. The variations of provisions include the variations of Trafficking Victims
Protection Act (TVPA), the Alien Smuggling Act and the Protection of Children Against Sexual
Exploitation Act (Mollema, 201, pg 4, 5, 7). In retrospect, the U.S has a stable method for
procedures and laws to combat human equality. Concluding, the U.S is an important country that
amplifies the eminent of enforcing equality rights domestically.
China
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However, for the Chinese the implement laws and procedures to combat human
trafficking is complex. Beginning of time, their country’s perspective of quality of life varies
compared to the United States. In reason, their society is likely to face more inequality.
Based on that, China is a prominent country for human trafficking and smuggling for
various reasons. Moreover, the prominent places these activities occur in Chinese providences,
such as Yunnan (Chu 2011, pg 55) Therefore, the secular locations of activities allow them to
determine the type of exploitations.
In reason, the common denominators for smuggling and human trafficking vary but
include culture and economic reasons (Chu 2011, pg 45). However, smuggling occur due to
the necessity of labor force for illegal and legal reasons (Chu, 2011, pg 43) Therefore women
are commonly trafficked for cultural reasons (Chu, 2011, pg 45). Thus, they are more likely to
be trafficked for forced marriage (Chu, 201, pg 49).
While these common factors allow the Chines Government to determine the
appropriate actions to combat the issues. Yet the increase growth of crime and conformity of
illegal activity prohibit them to control the issues (Chu, 2011, pg 52)
Concluding, if the Chinese Government was sterner on laws and procedures, they may
see a shift of change.
Christian Worldview
As referenced before, to combat human trafficking globally, justice must be enforced.
However, this idea is not an option but is a duty under God rule. The passage that expands upon
that is Psalms 82:2-3. Psalms 82:2-3 states: “How long will you judge unjustly, and show
partiality to the wicked? Vindicate the weak and fatherless; Do justice to the afflicted and
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destitute (New American Standard Bible 1995, 1995, Psalms 82: 2-3).” The verse describes the
duty we are obligated to do be as followers of Christ. Which, the obligation God is enforcing
is justice throughout out the nations.
Hence, if God is commanding us to serve and implicate justice throughout the nations.
This same message can be applicable universally on a micro or macro level. On micro level,
local governments can enact and establish laws to serve justice to those who are oppressed or
the oppressor. On macro level, national wide laws can be formed and established to combat
social issues globally. Thus forth, it is the nation’s duty to shed light for social issues including
Human Trafficking.
Conclusion
Shedding light to human trafficking is vital step to recognize the significance of it.
Globally, it’s been a prominent issue for centuries and various legislative work have been
ratified to solve it. Yet, the methodologies to deter it have not been that successful However,
the government’s role is another key factor to understand their stand view on human equality.
Hence, the United States and Chinas stand view on human trafficking is an example of both
perspectives yet assures exerting a certain amount effort and power can change the efforts of
combating human trafficking. Human equality must be reestablished globally, and justice
must be served.
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References
Allain, J. (2015). 2000 Protocol to prevent, suppress and punish trafficking in persons, especially
women and children, supplementing the united nations convention against transnational
organized crime. In The Law and Slavery , 543–554.
https://doi.org/10.1163/9789004279896_029
Chu C. Y. Y.(2011). Human trafficking and smuggling in china. Journal of Contemporary
China, 20:68, 39-52. doi: 10.1080/10670564.2011.520842
Mollema, N. (2015). Follow the leader: best practices to combat human trafficking in the united
states. The Comparative and International Law Journal of Southern Africa, 48(1), 1–
41. http://www.jstor.org/stable/26203825
New American Standard Bible 1995. (1995). The Lockman
Foundation. https://www.biblegateway.com/passage/?
search=Psalms+82%3A+3&version=NASB1995
Schönhöfer, J. (2016). Political determinants of efforts to protect victims of human
trafficking. Crime, Law and Social Change, 67(2), 153-185.
http://dx.doi.org/10.1007/s10611-016-9643-5
Siller, N. J. (2017). Human trafficking in international law before the
palermo protocol. Netherlands International Law Review, 64(3), 407-
452. http://dx.doi.org/10.1007/s40802-017-0099-9
(April 2009). Protocol to prevent, suppress and punish trafficking in persons, especially women
and children, supplementing the united nations convention against transnational
organized crime. Special Treaty Event.
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Winterdyk J. & Riechel P. (2010). Introduction to special issue: human trafficking: issues and
perspectives. European Journal of Criminology.
https://doi.org/10.1177/1477370809347894
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on trafficking in persons 2020. United Nations publication.
https://www.unodc.org/documents/data-and
analysis/tip/2021/GLOTiP_2020_15jan_web.pdf
(2018). United nations convention against transnational organized crime and the
protocols thereto. The United Nations: Office on Drugs and Crime.
https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html
