What is Trafficking?
Human trafficking is the illegal trade of human beings mainly for the purposes of commercial sexual exploitation or forced labour. Other purposes can be extraction of organs, or tissues or even surrogacy or ova removal. It can also be regarded as modern form of slavery. Trafficking is a lucrative industry. It is second only to drug trafficking as the most profitable illegal industry in the world. In 2004, the total annual revenue for trafficking in persons were estimated to be between USD$5 billion and $9 billion. According to Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime trafficking may be defined as the recruitment, transportation, transfer harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. This is the most widely accepted definition of trafficking today. Other than above discussed definition of trafficking, there are other conventions which have discussed trafficking. States adopted in 1904 the “White Slave Traffic" Agreement treaty applicable to “procuring of women or girls for immoral purposes abroad” or “destined for an immoral life.” It concerns women or girls who have consented to their trafficking. That is, the international community preferred to deal with trafficking first from a public morals perspective, penalizing even the case where the woman has agreed to perform sex work abroad. In 1910, a new agreement obliged State Parties to punish anyone who recruits a woman, below the age of majority, into prostitution, even with her consent. In 1921, a new treaty extended the definition to traffic in children of both sexes. In 1933, the adopted instrument obliged State parties to punish Whoever, in order to gratify the passions of another person, has procured, enticed or led away even with her consent, a woman or girl of full age for immoral purposes to be carried out in another country … The 1949 Convention omitted the wording “in another country,” by criminalizing also domestic traffic. The following notion was consequently included: The Parties to the present Convention agree to punish any person who, to gratify the passions of another: (1) Procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person; (2) Exploits the prostitution of another person, even with the consent of that person. The conception has been called abolitionist, as it reflects the wish to abolish prostitution or sex work. Human trafficking differs from people smuggling. In the latter, people voluntarily request or hire an individual, known as a smuggler, to covertly transport them from one location to another. This generally involves transportation from one country to another, where legal entry would be denied at the international border. There may be no deception involved in the (illegal) agreement. After entry into the country and arrival at their ultimate destination, the smuggled person is usually free to find their own way. According to the International Centre for Migration Policy Development (ICMPD), human smuggling is a "crime against State – no victim by the crime of smuggling as such (violation of immigration laws/public order; the crime of smuggling by definition does not require violations of the rights of the smuggled migrants)." Human trafficking, on the other hand, is a "crime against person –...
References: [ 17 ]. United Nations Convention Against Transnational Organised Crime, 2000, Art 3(2)(a).
[ 18 ]. United Nations Convention Against Transnational Organised Crime, 2000, Art 3(2)(b).
[ 19 ]. United Nations Convention Against Transnational Organised Crime, 2000, Art 3(2)(c).
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