{"id":2270,"date":"2020-12-16T10:33:24","date_gmt":"2020-12-16T07:33:24","guid":{"rendered":"https:\/\/ludci.eu\/magazine\/?p=2270"},"modified":"2020-12-04T15:53:56","modified_gmt":"2020-12-04T12:53:56","slug":"the-criminalization-of-victims-of-trafficking","status":"publish","type":"post","link":"https:\/\/ludci.eu\/magazine\/the-criminalization-of-victims-of-trafficking\/","title":{"rendered":"Trafficking victims continue to be criminalised years after trafficking has stopped. Why?"},"content":{"rendered":"

Written by Dionysus, Headline Diplomat eMagazine, LUDCI.eu<\/em><\/h3>\n

Trafficking in persons is a multifaceted global problem. It cuts across several dimensions such as irregular immigration, forced displacement of migrant workers and populations, the refugee protection system, a transnational organized crime involving organized crime networks, as well as human rights violations.<\/p>\n

Trafficking in persons is often characterized as modern slavery, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR).<\/p>\n

Trafficking is frequently linked to exploitation, sex trade, and domestic servitude. Trafficking in persons is also considered a form of sexual or gender-based violence, as in many cases it is directed against women and girls, according to the United Nations High Commissioner for Refugees (UNHCR).<\/p>\n

For those lucky to get out, many end up downtrodden, failed by the justice system, their human rights as victims are taken away, and, after victimization, they end up criminalized. Part of these reasons are due to the gaps in the existing laws that affect victims, mistrust, the failure to reach out to victims physically and psychologically, among others, according to the Women Influencing Health, Education, and Rule of Law (WI-HER).<\/p>\n

The numbers behind trafficking<\/h4>\n

Trafficking in persons is considered to be a truly global phenomenon. According to data reported by the United Nations Office on Drugs and Crime (UNODC), victims from at least 127 countries have been detected in 137 countries.<\/p>\n

The figures show that of these victims, women and girls are proportionally more numerous (two-thirds of reported victims) than men (UNODC, 2010a). Sexual exploitation is by far the most commonly detected form of trafficking (79%), followed by forced labor (18%) (UNODC, 2009).<\/p>\n

Today, more than 25 million victims are trapped in modern-day slavery<\/a>, according to Human Right First. Only 0.04% of trafficking case survivors are identified, according to Do Something, a nonprofit youth organization. This means that the majority of human trafficking cases go undetected.<\/p>\n

Laws to protect victims are ineffective<\/h4>\n

In the last few decades, countries and international organizations have attempted to fight the problem of human trafficking head-on. But the question to ask today is not about the adoption of protocols and enaction of laws, but their effectiveness in upholding the rights of victims and giving them justice.<\/p>\n

The United Nations General Assembly had adopted, on November 15, 2000, the United Nations Convention against Transnational Organized Crime and the two additional protocols which supplement it: the Protocol aiming to prevent, repress and punish trafficking in persons, in particular women and children (the Trafficking Protocol) and the Protocol against the Smuggling of Migrants by Land, Air, and Sea.<\/p>\n

The international organization had expressed that it was “deeply concerned about the negative economic and social impact of organized criminal activity, and convinced that there is an urgent need to strengthen cooperation to prevent and combat such activities more effectively at the national, regional and international level\u201d.<\/p>\n

Following the UN’s protocol adoptions, in the United States, the Congress enacted in 2000, the “Victims of Trafficking and Violence Protection Act.” This act establishes the methods <\/a>to prosecute traffickers, prevent the menace of human trafficking, and protect victims and survivors, according to the US Department of State.<\/p>\n

Some of the purposes of the act are primarily “to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just an effective punishment of traffickers, and to protect their victims.”<\/p>\n

According to Act Alberta, Canada became one of the first countries to ratify the UN’s Trafficking Protocol which fundamentally aims at the prosecution and prevention of trafficking, ensuring at the same time respect for the rights and protection of victims.<\/p>\n

By ratifying this instrument, Canada made a commitment to amend its national legislation, to establish information channels, and to encourage international cooperation in the fight against trafficking. Over the past few years, the Government of Canada has also adopted legislative and policy measures to criminalize trafficking and prosecute traffickers. Protection and assistance measures for victims of trafficking have also emerged.<\/p>\n

In Europe, there is the “Charter of Fundamental Rights of the European Union.” According to the Official EU Website, this charter sets the policy framework against human trafficking and identifies five priorities. These include:<\/p>\n