Law Enforcement and Human Trafficking - Essay Example

Law Enforcement & Human Trafficking Human Trafficking Human trafficking is a form of criminal activity which is related to trading of humans. The core purpose of this vicious criminal act is sexual slavery, labor and sexual exploitation for commercial purpose and even for extraction of human organs and tissues. Human trafficking could occur within a country or a specified region. Berger (2012) has emphasized on the fact that human trafficking is a highly forbidden criminal activity because it violates the rights of humans by the act of coercion and exploitation. According to a research in 2010, human trafficking accounts for more than $32 billion of international trade annually. It is an infringement of various human rights according to various international conventions (Berger, 2012). Law Enforcement against Human Trafficking in USA By the 20th century, racism had been described as a critical issue within the USA. The government of the USA was highly concerned regarding slavery, specifically of “white” individuals. This resulted in the White Slave Traffic Act of 1910, which had violated the possibility of interracial marriage and had also banned the movement of unmarried women from crossing the borders of USA for any immoral or illegal act. Along with that, the USA had implemented various other acts for combating slavery and human trafficking within USA. The government of USA had started to pass immigration acts to disallow illegal immigrants from entering the territory of USA. Various legislative acts such as the Emergency Quota Act 1921 and the 1924 Immigration Act had been passed for preventing illegal emigrants who had been entering USA from Asia and Africa (Soderlund, 2005). Due to this ban, human trafficking was prevented to a great extent in the USA and at least until 2000, human trafficking was almost abolished. Apart from that, the USA had also implemented the Commercial Sex Act. By implementing this act, USA made it illegal for recruiting, obtaining, providing, moving and harboring individuals that could result in a commercial sex act, specifically when the person is a minor (Chuang, J. 2006). Law Enforcement against Human Trafficking in UK Human trafficking cases have consistently been processed and presented by officials within the UK for determining trafficking status of humans. Within the UK, an individual may need assistance to fight against trafficking but their actions may not help to combat against the survival of the potential victims. According to a survey of the Council of European Convention for Action against human trafficking (COE conventions) in April 2011 within the UK, more than 83% of UK citizens were deemed as victims of human trafficking. Various efforts have been made the government of UK to combat this critical issue (Steinitz, 2013). Within the UK, The cases of human trafficking are prosecuted by Crown Prosecution Service (“CPS”). This services fights against various human trafficking crimes which include sexual harassment, assault and rape, kidnapping and even facilitation of illegal entry of any participant within the country. To prevent human trafficking, UK Parliament has implemented the Nationality, Immigration and Asylum Act in 2002, which had made the trafficking of persons within and outside of the UK a serious offence for the purpose of sexual and commercial use. The UK Sexual Offence Act 2003 imposes severe fines for individuals who are found to be involved in trafficking within and out of UK for sexual exploitation. These offences could carry a potential prison sentence of 14 years (Steinitz, 2013). Law Enforcement against Human Trafficking in India Various initiatives and legislative steps have been taken by the government of India to fight against slavery and human trafficking. Through the Immoral Trafficking Prevention Act (ITPA), the Government of India penalizes individuals who are found to be involved in human trafficking for commercial and sexual exploitation (Sarkar & Parsons, 2008). The possible penalty under this act ranges from 7 to 10 years and a possibility of life imprisonment. The Government of India has utilized Sections 366 and 372 of the Indian Penal Code (IPC) to prohibit kidnapping and selling of minors for sexual and commercial use and this has led detention of several human traffickers (Strachan and Siobhan, 2011). International Law on Anti-human Trafficking The International law is one of the most commanding means to fight against human trafficking. According to Chuang (2006), the most trustworthy and latest tools of international law which have guided the world regarding, how to explain human trafficking to the people, how to avert human trafficking and also how to accuse those who conduct human trafficking activity, are the United Nations meeting, for the purpose of dealing with the international structured crimes, and also its two associated etiquettes, that is, the United Nations first etiquette regarding, the deterrence, Subdue, and penalizing those who conduct human trafficking activity, particularly of women and children, and s, the United Nations second etiquette, the aim of which is to halt the Smuggling of refugees through, roadways, Seaways, and Airways. The United Nations meeting for the purpose of dealing with the international crimes and its two allied etiquettes for the purposes of ending human trafficking and smuggling of refugees, respectively, were formed by the United Nations office on drugs and crimes, which have been constantly supporting the international law’s struggle regarding the termination of human trafficking activity. Moreover, the United Nations office on drugs and crimes has also formed the United Nations global initiative to fight against the human trafficking activity. For instance, the coordinated Mekong ministerial Initiative against human trafficking is a group comprising of some nations, such as, China, Laos, Thailand, Cambodia, Myanmar, and Vietnam which has been formed for the aim of formulating certain strategies and policies for taking appropriate measures, for the purpose of terminating the human trafficking activity in such regions, and this eventually assisted the concerned states to form legislations, in accordance with the provisions of the agreement between these concerned states (Smith, 2011). The core objective of the domestic and regional legislations is to adapt such measures against the human tracking, which should be in accordance with the international agreements against human trafficking, while formulating at the same time, such enforcement and supervision techniques, which are as per the needs and requirements of a particular region or state. Use of Raids to prevent Human Trafficking According to Shelley (2007), one of the most common legislative procedures against human trafficking which involve prosecution against human trafficking is raids. They are mostly conducted by law enforcement agencies in various regions across the world. The core motive of these law enforcement agencies has reaped several is to not only to locate victims but also to identify witnesses for lawful processes which can help in dismantling criminal mafias and help in rescuing victims of human trafficking from this vicious crime. However, law enforcement agencies who conduct raids have been criticized for their lack of competency and experience in identifying genuine victims of this abuse and this has often resulted in their failure to provide the relevant services to people who ought to be rescued from raids. Conclusion In order to effectively and efficiently combat against the human trafficking activity, it is essential that it is integrated with the regional and domestic legislation throughout the world. The regional and domestic legislations have certainly played a crucial role in this regard, specifically for the avoidance and restraining of human trafficking activities and for punishing those who perform human trafficking. It is certainly evident from the research that different regions from all over the globe are striving together and taking appropriate measures for the purpose of terminating the human trafficking activity. References Berger, M. (2012). No end in sight: Why the "End Demand" movement is the wrong focus for efforts to eliminate human trafficking." Harvard Journal of Law & Gender Studies, pg. 201. Chuang, J. (2006). The United States as global sheriff: Using unilateral sanctions to combat human trafficking. Michigan Journal of International Law, 27(2). Chuang, J. (2006). Beyond a snapshot: Preventing human trafficking in the global economy. Indiana Journal of Global Legal Studies, 13(1), 137-163. Feingold, D. (2005). "Human trafficking." Foreign Policy, pp. 26-32. Sarkar, K. & Parsons, S. (2008). Sex-trafficking, violence, negotiation and HIV infection in brothel-based sex workers of eastern India, Nepal, Bhutan, and Bangladesh. Journal of Health, Population, and Nutrition, 26(2), 223. Shelley, L. (2007). Human trafficking as a form of transnational crime. Human Trafficking, 116-137. Soderlund, G. (2005). Running from the rescuers: new US crusades against sex trafficking and the rhetoric of abolition. NWSA Journal, 17(3), pp. 64-87. Smith, M. (2011). "Sex trafficking: trends, challenges, and the limitations of international law." Human Rights Review, pg. 271-286. Strachan, C. and Siobhan, T. (2011). Trafficking: A global phenomenon with an exploration of India through maps. Maple-croft, pp. 39–45. Steinitz, A. (2013). A Lie More Disastrous than the Truth: Asylum and the Identification of Trafficked Women in the UK. Anti-Trafficking Review, pp. 104-119. Read More