What are the current policies on human trafficking and are they effective?
Since human trafficking has a victim and a perpetrator there are going to be some kind of laws and law enforcement to stop these perpetrators. Human trafficking is a global that affects people globally as well as locally. As a result we will be having two different kinds of policies, policies according to the United States and policies according to the United Nations.
In the United States, the Department of Homeland security is the organization that is in charge of human trafficking. The main law when it comes to combating human trafficking in the U.S. is the Victims of Trafficking and Violence Protection Act (TVPA). According the United States Department of Homeland Security, “TVPA combats trafficking in persons, especially into the sex trade, slavery, and involuntary servitude” (2012). This act came about in 2003 but has been revised three times to the most current revision in 2008. This act goes after and tries to get rid of those who are trafficking in person by prosecution. The United States not only does this but tries to take away some of the demand away from human traffickers with The Customs and Facilitations and Trade Enforcement Reauthorization Act of 2009. With this Act in place, it puts provision that prohibit the United States to import any kind of good that are produced by the acts of human trafficking or forced labor (Department of Homeland Security, 2012). This act is trying to dry out the human traffickers because if there is no demand, no product from human traffickers will be sold putting them out of business. Of course, the United States alone cannot dry out human trafficker on their own but it gives and example to other nations and is a key piece to the puzzle. The United Nations as well has a law against human trafficking. The one big difference is the United Nations law takes enforces the law globally instead of just locally. The United Nations has The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children that was brought into discussion on November 15, 2000 and put into force on December 23, 2003 (UNODC, 2015). It not only criminalized the act of trafficking in persons but also seeks out to help those who have been trafficked and protect their rights. Out of the 166 parties in the United Nations 117 have signed this protocol, which include the United States. Now that we have these laws to combat Human Trafficking, are they effective? Human trafficking is a global issue so it is complex to combat it. In the local standpoint, Caitlin Grimmer believe they are not doing a good job in enforcing it. According to Grimmer, “the main issue plaguing the U.S. Government in preventing and prohibiting human trafficking is, predominately, the Government itself; in fact, despite the Government's claim of a zero-tolerance policy, these cases are rarely prosecuted” (2013). One cannot expect to combat an issue to be successful if one is not going through with the process of punishment. On the other hand these policies can be seen as a stepping-stone. Turning to a global standpoint, Lindsey King sees the proposal from the United Nations as an aid to the worldwide epidemic and ways for it to be affective is the incorporation of it in domestic legislation (2008, p. 88-89). The United Nations cannot simply combat human trafficking on its own it need its nations behind it for it to be effective. The effectiveness of the process relies of its support by the nations of the world. While the effectiveness of the polies are and will forever be debated, they’re some out there locally as well as globally. |
The proposal from the United Nations is nothing more then something saying it is illegal to human traffic people. While it may be a stepping stone the only way laws on human trafficking can become really effective is by all of the world powers creating strong laws against human trafficking. In doing so, these world powers lead by example and get rid of the demand these human traffickers have. Everyone knows without demand a business will not supply and human trafficking is essentially a business of forced labors. If they do not have any demand to distribute their supply to they will go bankrupt. Of course it is easier said then done and it will be years before laws will truly dwindle the amount of people being trafficked.
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References
Grimmer, C. (2013). Procuring protection: using the false Claims act to combat human trafficking by government contractors. Public Contract Law Journal, 43(1), 127-144.
Human Trafficking Laws & Regulations. (2012, July 26). Retrieved March 17, 2015, from http://www.dhs.gov/human-trafficking-laws-regulations
King, Lindsey. (2008) International Law and Human Trafficking. Topical Research Digest: Human Rights and Human Trafficking, 88-90
United Nations Office on Drugs and Crime. (2015, January 1). Retrieved March 18, 2015, from http://www.unodc.org/unodc/en/treaties/CTOC/index.html
Grimmer, C. (2013). Procuring protection: using the false Claims act to combat human trafficking by government contractors. Public Contract Law Journal, 43(1), 127-144.
Human Trafficking Laws & Regulations. (2012, July 26). Retrieved March 17, 2015, from http://www.dhs.gov/human-trafficking-laws-regulations
King, Lindsey. (2008) International Law and Human Trafficking. Topical Research Digest: Human Rights and Human Trafficking, 88-90
United Nations Office on Drugs and Crime. (2015, January 1). Retrieved March 18, 2015, from http://www.unodc.org/unodc/en/treaties/CTOC/index.html