Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

Human trafficking law and social structures

Human trafficking has only recently emerged at the forefront of policy reform, even in developed nations. Yet, heightened awareness of the issue has not translated into effective policy as the majority of nations have ineffective antitrafficking practices; many countries have failed to criminalize human trafficking, whereas others do not actively enforce statutes in place. By applying Black's theory of law, this study offers a preliminary understanding into the variation of global prosecutorial efforts in human trafficking and adequacy of antitrafficking law. To isolate this relationship, the effects of trafficking markets are controlled. As with prior research, the study finds limited support for the theory. The article concludes with a discussion on the implications of the quantity of antitrafficking law and morphology association for policy development.     

Human trafficking in the Russian federation

Human trafficking studies and existing awareness efforts in Russia have largely focused on analysis of at-risk groups, attempting to provide a “portrait of the human trafficking victim.” Considerably less attention has been given to an in-depth analysis of potential root causes for human trafficking.     

Human trafficking revisited: legal,enforcement and ethnographic narratives on sex trafficking to Western Europe

In this paper we focus on the ways ‘victims’ and ‘perpetrators’ are imagined in the narratives on women who have been trafficked to West Europe for sexual exploitation. Three specific domains: international/national law, local law enforcement and ethnographic academic perspective are particularly important as they strongly influence political reaction to trafficking and describe the phenomenon from the perspective of the individuals concerned. In our analysis, an explanation of the diversity of the perceptions in these three domains is provided.     

Human trafficking: the case of Burmese refugees in Thailand

With an estimated 30 protracted refugee situations around the globe, the number of refugees finding themselves in prolonged displacement is alarming. While demarcated refugee camps are a visible component of this phenomenon, the link between protracted displacement and increased risks of human trafficking is much less evident. Within refugee camps, the lack of law and order or police protection along with the presence of large numbers of helpless people create a pool of readily available supply for those who want to exploit them. This account will discuss the conditions of displacement that contribute to human trafficking risks, particularly as they relate to the protracted refugee situation of Burmese in Thailand. The case study will be followed by a number of policy and practice recommendations for the reduction of these risks.     

Human trafficking in the Netherlands: trends and recent developments

Notwithstanding the lift on the ban of brothels in the Netherlands during 2000, the introduction of the integral approach and other efforts to fight human trafficking; this trade still continues to exist within the licensed sector. Simultaneously, prostitution increasingly moved to Dutch cities with less strict regulations or control, and also to more invisible realms (escort services, internet). ICT facilitate this backstage informal sex work by offering a fluid, flexible, dynamic podium that is difficult to control. The internet is increasingly used by traffickers in order to recruit potential victims, to blackmail victims with images or by exploiting victims through webcam exposure. In 2005, human trafficking was extended in law towards exploitation in all labor sectors and, in 2011, illegal stay was criminalized in the Netherlands. This criminalization could hinder the fight against human traffickers.     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

Human trafficking in the Philippines: the need for an effective anti-corruption program

An estimated three million Filipinos are at high-risk of being trafficked at any given time, representing 3.1% of the total Philippine population. The paper illustrates that corruption is a central issue in facilitating and continuing human trafficking in the Philippines. It demonstrates that if human trafficking is to be significantly reduced, then corruption must be curbed. The paper consists of three main sections. The first section is an overview of the trafficking problem in the Philippines. It discusses the scope of the problem such as the recruiters and traffickers, tactics used by the recruiters, and current transport routes and methods. The second section discusses current tactics being implemented by the government, non-government organizations (NGOs), and the international community to restrict human trafficking in the Philippines. It also illustrates that government corruption prevents the current tactics from being implemented well and in order to combat government corruption one must begin at the municipal level. The third section presents the inner workings of government and corruption at the municipal level, shows how the corruption reduces economic opportunities and legal equality for the citizenry, and how the loss of those opportunities and equality encourages migration from home municipalities—thereby encouraging human trafficking.     

Human trafficking: the need for human rights and government effectiveness in enforcing anti-trafficking

Human trafficking constitutes a global problem. Involving exploitation of individuals through forced labour, sex, or organ removal, trafficking is an egregious human rights violation and illegal in many countries. Although laws have arisen to combat trafficking, it has persisted and inconsistent enforcement of anti-trafficking measures has been a concern. Using new data on trafficking, the enforcement patterns of 168 countries from 2001 to 2011 are examined. Findings suggest enforcement is predicted by the interaction of states’ world culture ties and government effectiveness, trafficking flows, and other state-level political mechanisms. Theoretically important factors, such as female legislators or various economic measures, are insignificant.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

Drug trafficking networks in Europe

Conclusion In view of the enormous investments and financial interests at stake together with the necessity to maintain continuity of supply and distribution, only professional narcotic drug organizations and groups will be able to sustain a fixed share of the market. In order to gain some insight into the size of organized crime in the Netherlands, an in-depth study was conducted to this end in 1991. Police information from all over the country was gathered and analyzed. Almost 600 criminal groups appeared to be active in the Netherlands. 73 percent of them appeared to be involved in drug trafficking. Criminal networks active in Europe would be more readily identifiable if our European counterparts conducted similar into the organizational structures of criminal gangs operating in their country. If the existing plans for the creation of Europol, starting with an European Drugs Unit — a non-executive European Intelligence service in the area of narco-crime — are realized, this would be a major step forward in achieving this.     

Human trafficking: Better data, strategy, and reporting needed to enhance U.S. antitrafficking efforts abroad

The U.S. government estimates that 600,000 to 800,000 persons are trafficked across international borders annually; however such estimates of global human trafficking are questionable. The accuracy of the estimates is in doubt because of methodological weaknesses, gaps in data, and numerical discrepancies. For example, the U.S. government's estimate was developed by one person who did not document all of his work, so the estimate may not be replicable, casting doubt on its reliability. Moreover, the quality of existing country level data varies due to limited availability, reliability, and comparability. There is also a considerable discrepancy between the numbers of observed and estimated victims of human trafficking. The U.S. government has not yet established an effective mechanism for estimating the number of victims or for conducting ongoing analysis of trafficking related data that resides within various government agencies.     

Representations and misrepresentations of human trafficking

This paper examines how the trafficking issue has been defined by various stakeholders, the public and governments, and how these various definitions of the problem may have influenced current trafficking policies. Has the issue of trafficking become politicized and its definitions “stretched” by stakeholders? Have special interest groups, and sometimes governments as well, exploited the trafficking problem to support particular agendas? Are the victims of trafficking always the primary concern, or are other issues pushed forward at their expense? To address these questions, we examine the different approaches to trafficking and the data used to support the various claims and positions.