Legal Response To Human Trafficking

The legal and non-legal responses to the contemporary issue of human trafficking and slavery (HTS) are effective to a certain extent, but is increasingly being questioned. Human trafficking (HT) is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Slavery involves a form of forced or bonded labour, with or without pay, under threat of violence. The United Nations (UN) outlines the ban on slavery and torture under Articles 3 and 4 of the Universal Declaration of Human Rights (UDHR), stating that “no one shall be held in slavery or servitude or be subjected to torture or to cruel, inhuman or degrading

When the women arrived, Wei Tang withheld the women’s passports as well as their return plane tickets, and the women were told the debt was to be repaid by working six-day weeks over seven to eight months. Ms Tang was convicted of five counts of intentionally possessing a slave and five counts of intentionally exercising a power of ownership over a slave, contrary to section 270.3(1)(a) of the Commonwealth Criminal Code, and sentenced to 10 years’ imprisonment. This case demonstrates the effectiveness of Australian legislation under domestic legal measures in responding to HTS, achieving justice for the victims and protecting their individual

Through international measures, the UN, ILO and other Non-Government Organisations (NGOs) are involved in combating HTS by raising awareness through the media, campaigning and cooperating with other international instruments, and ensuring to support and protect victims. The ILO plays a crucial role by implementing and reporting on worker’s rights worldwide. The ILO in 2001 established the Special Action Programme on Forced Labour (SAP-FL) in order to raise awareness of forced labour in its different forms including HT, bonded labour, rural servitude, forced domestic work and forced prison labour. The effectiveness of the ILO is further highlighted in the media article: “ILO to collaborate with Nigeria in fighting human trafficking” (Daily Trust, 2013), where the director of the ILO agreed to continue its unflinching support with Nigeria to enhance the cooperation with the Federal Nigerian government in the fight against trafficking in human beings from Nigeria to Europe. The ILO showing its support to Nigeria shows the effectiveness of non-legal international tools in the fight against HTS, meeting the needs of the community and continuing to achieve justice for the victims