By the virtue of Art. 3.2, an offence which is committed in more than one State or has substantial effects/preparation in another State is classed to transnational organised crime. This definition distinguished ‘human trafficking’ from migrant smuggling. Following this universal definition, the person who is recruited, transported, and transferred in order to laboured for the exploitation through illicit means like as food or coercion can be classified as a trafficked person. It also define exploitation in a broad way which includes sexual exploitation, forced labour, child labour, slavery, servitude, and removal of organs as well. According to the most recent global figures, approximately 150 million children are forced to work, with nearly half of them doing dangerous jobs, modern slavery affects one out of every four children, the majority of whom are females. Whether it's the forced labour of Sub-Saharan Africans or refugees from the Middle East, or the trafficking of Rohingya refugees in Bangladesh, exploitation of Central American migrants bound for the United States, sexual enslavement of women and girls in Europe, or forced labour of Rohingya refugees in Bangladesh, desperate families and individuals often feel they have no choice but to risk exploitation in order to survive. Thus we can see that, it poses a threat to all nationals.
Many academic aspects suggest that the Palermo policy is completely failed to decrease sexual exploitation in relation to human trafficking. Evidence shows that, everyday 35 million people are victims of sex trafficking, and the estimated market value is $99 billion. Among them, 21 million are women and girls. Christina Seideman found the policy as not effective because of the disagreement of wording, inaccurate reporting, and inability to enforce compliance. Some countries among 147 are disagreed to accept the definition following Art 5 by UN regarding three areas. The policy identified consent is irrelevant as it focuses on the act, method, and purpose whereas a number of countries think that consent is relevant. Furthermore, trafficking does not required to cross the global boundary following the policy which clearly indicates the legitimacy of trafficking! And it also failed to distinguished to differentiate between compensation and non-compensation for service. Additionally, data are inaccurate with false and misleading information because of self-reporting information, cultural pressure, and the black market economy. She proposed a solution that the policy should introduced various rules regarding sex trade by which traffickers as well as clients can be convicted.
But on this point, question may be arisen, by which manner, will we able to do this? Unlike UK OR Italy, in many countries, prostitution is illegal. Therefore, undoubtedly it might be discouraged victims may not want to file complain against traffickers. This is clearly problematic.
For this reason, some academics argued to decriminalize sex-work. According to them, by decriminalizing prostitution, sex workers will be able to work safely. Also, it will help to reduce marginalization and vulnerability.
In contrast to evidence which presents the view that despite its emphasis that anti-trafficking and physical and sexual assault legislation be maintained or implemented, organisations who perceive decriminalisation as offering permission and impunity to would be exploiters have attacked the idea. Because another angle of research demonstrates that it is prohibition that promotes impunity and increases the vulnerability of sex workers to violence and exploitation, including human trafficking. Criminalizing sex work is barking up the wrong tree since it is fighting sex rather than traffickers and the crime itself, and it does not address the systemic conditions that sex work is based on. These academic highlights that it is hardly possible to reduce sexual exploitation and sex trafficking following the policy regulation. Sex trafficking has already created a large commercial market in the murky world. So, necessary amendments should be made so that it will be possible to stop violence, exploitation, abuse in sex trade and besides that introduce new provision which can be stopped sex trafficking.
The victims of modern slavery are more afraid to disclose to anybody what’s happened or happening to them. They came in Europe for their studies or different purposes, but they are now used in forced labour as well sexual exploitation. These traffickers are stealing victim’s passport so that victim will be unable to leave. Twenty millions of people were recognised in 2016 for forced labour exploitation. Though the link remains unexplored and unauthorized, but following definition of modern slavery, one in every 130 women and girls in the world is enslaved, and females account for 84% of all forced marriage victims, according to Walk Free Foundation report from 2020. Unsurprisingly, most of the victims of forced marriage are children.
Not only forced marriage, but children are also used in various sectors of forced labour such as begging! Though it cannot be found in UK, but it is a common scenario in India, Bangladesh, and middle east as well. In 2014, the criminal court of Cairo identified two children were kidnapped by traffickers and forced to begging. In this case, though it was possible to identify the criminals and they were convicted but we really do not know, how many cases are not identified yet. Forced begging is a common human trafficking that occurs in many different forms all over the world and policy does not address it clearly.
Besides children and women, men are also victims of human trafficking. There are three times as many victims of forced labour as there are of sex trafficking worldwide. Men account for 42% (nearly 6.72 million) of forced labour victims in the private sector. And the number has been increased during the pandemic. Most shockingly, police sometimes also refused to protect them from traffickers. This is horrific and terrific as well. The Palermo protocol remains ambiguous about it and policy response is insufficient as these victims even unable to make a complaint against traffickers.
Among trafficking victims, 27% are children. Every year, 5,000 Nepalese girls who are under 18, are trafficking into India as sex workers. The main trafficking routes run from south to north and east to west: from Latin America to North America, Europe, and the Middle East; from former Soviet bloc countries to the Baltic States and Western Europe; from Romania to Italy, and through Turkey and Cyprus to Israel and the Middle East; from West Africa to the Middle East; from Thailand and the Philippines to Australia, New Zealand, and Taiwan; and from Cambodia, Myanmar, and Viet Nam to Thailand. Most shockingly, not only in Asia but also in Europe, children are forced to prostitution. BBC reports presents that, lots of girls under 18 have been trafficked from Romania to UK for prostitution.
K M Fahim Abrar is a member of the Honourable Society of Lincoln’s Inn, London