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Trends of Human Trafficking and Legal Framework – Marian Jones
The trend on victims of Human Trafficking and Child labour have been streamlined to two to wit; Internal and External Trafficking. [Nigeria]
Internal Trafficking involves;
The movement from rural to urban: [Two geopolitical zones of Nigeria].
In the North–West domestic servitude of young boys trafficked from rural locations to urban centers for use by prostitutes. There is also displacement due to persistent crisis resulting in trafficking for domestic servitude, labour and sexual exploitation.
While in the South–West the following trend that is; external trafficking/ migration of young boys and girls for labour exploitation in canteens, saw mills and in plantations.
Reasons for this are not farfetched:- Poverty, ignorance and persistent crises, lack of a meaningful means of economic empowerment etc,
Domestic labour such as working in the quarries, hawking, babysitting, begging, Sale of Babies etc.
External Trafficking involves:- Labour & Sexual exploitation, Organ Harvesting, Debt Bondage, Cross border movement etc.
Resultant challenges of Trafficking in Persons in Nigeria
The following are the resultant challenges of Trafficking in Persons and Child Labour in Nigeria: • Insecurity/Instability, • Economic, • Social/Cultural, • Health- HIV/STDs Pandemic, • Political -• Educational- Brain drain.
The above will invariably determine the nature of compensation by the Courts.
The Concept of Compensation: To meet the challenges aforesaid Nigeria like other countries further strengthened the legal frameworks to combat trafficking in persons and ensure that citizens do not fall prey to such criminal activities by amending the 2003 Act.
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The Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015 identifies Rights of Victims under Sections 61 to 65: It started with the Treatment of Trafficked Persons as follows;
- A trafficked person is not subjected to discriminatory treatment in practice on account of race, colour, gender and sex;
- No discriminatory treatment on account of age, language, religion, political or other opinion, cultural beliefs or practices, national, ethnic or social origin;
- No discriminatory treatment on account of property, birth or other status, including his status as a victim of trafficking or having worked in the sex industry;
- A trafficked person has access to adequate health and other social services during the period of temporary residence;
- A trafficked person has access to the embassy or consulate of the country of which he is a citizen or where there is no embassy or consulate, ensure access to the diplomatic representative of the state that takes charge of the country’s interest or any national to protect him; a trafficked person is able to return home safely, if he so wishes and when he is able to do so;
- A trafficked person is not denied temporary residence visas during the pendency of any criminal, civil or other legal actions;
- Investigation, detection, gathering and interpretation of evidence are conducted in such a manner as to minimize intrusion into the personal history of a trafficked person;
- The identity of a person trafficked is protected;
- The use of any person’s history of being trafficked to discriminate or cause harm to any trafficked person, his family or his friends in any way whatsoever, particularly with regards to freedom of movement, marriage or search for gainful employment is not encouraged;
- It takes steps to maintain and rehabilitate facilities provided for trafficked persons;
- A trafficked person and his family are protected from intimidation, threats, and reprisals from traffickers and their associates including reprisals from persons in position of authority.
Where the circumstances so justify, trafficked person shall not be detained, imprisoned or prosecuted for offences relating to being a victim of trafficking, including non-possession of valid travel stay or use of a false travel or other documents.
Right to compensation or restitution: TIPPEA ACT
A trafficked person, irrespective of his immigration status has the right to institute civil action against a trafficker and any other person including a public officer who has exploited or abused him and recovery for economic, physical and psychological damages, to be met from the assets, if any, of the convicted trafficker, which has been forfeited and paid now into the Victims of Trafficking Trust Fund.
Where an offender, is convicted of an offence under the Act, the Court my order the offender to pay compensation, to the victim in addition to any other punishment ordered by the Court.
A trafficked person has the right to institute civil action against a trafficker and any other person including a public officer who may have exploited or abused his person provided that the amount awarded by the Criminal Court shall be taken into consideration in the determination of the amount of compensation to be awarded in the civil suit.
Note:
However, the amount awarded by the Criminal Court shall be taken into consideration in the determination of the amount of compensation to be awarded in the civil suit.
Right to Restitution and Compensation – Immigration Act, 2015, *Restitution to smuggled persons, *Compensation to smuggled migrants, *Enforcement of restitution and competition orders, *Appeal against order of restitution or compensation, *State compensation to objects of smuggling of migrants offences.
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